65
ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, 2008 Bankruptcy Judges Advisory Group to the Administrative Office of the United States Courts Note: Judges and clerks’ offices are free to share this paper with members of the bar and others interested in assisting the court in addressing the issue of pro se parties. Your suggestions regarding possible improvements to this paper for future revised editions will be appreciated, and can be forwarded to the Bankruptcy Judges Division at the Administrative Office where Patricia Levy (Patricia Levy/DCA/AO/USCOURTS.gov) is the person to contact.

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

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Page 1: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

May 28 2008

Bankruptcy Judges Advisory Group to the Administrative Office of the United States Courts

Note

Judges and clerksrsquo offices are free to share this paper with membersof the bar and others interested in assisting the court in addressingthe issue of pro se parties Your suggestions regarding possibleimprovements to this paper for future revised editions will beappreciated and can be forwarded to the Bankruptcy Judges Division atthe Administrative Office where Patricia Levy (PatriciaLevyDCAAOUSCOURTSgov) is the person to contact

i

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

Table of Contents

I

INTRODUCTION 1

II

WEBSITE INFORMATION 2

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties WhoHave No Attorneyrdquo as on the Model Pro Se Website Page

below 3

B On the pro se website page post a general topic for both prose debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with anattorney and the prohibition against the clerkrsquos office andjudges giving legal advice 3

C On the websitersquos home page post a link to a special topic(contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top ofthe pro se page 4

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed 4

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounterin attempting successfully to navigate a bankruptcy caseonce it is commenced 5

F Include on the pro se website page information for pro secreditors 5

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic 5

H The websitersquos pro se page should post a link to the websitersquospage that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose 7

ii

I The websitersquos topic regarding informational materials aboutthe bankruptcy process should include information that isreadily included on a website 7

J The websitersquos pro se page should post cross-links (not justreferences) to other pages of its website that it mentions 8

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format 8

L A list of assistance that is and is not available at theclerkrsquos office should be posted on the pro se website page 8

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE 9

A Providing Information in Paper Form 9

B Providing Internet Access 10

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area 11

D Charging Nominal Fee for Materials Printed Using the CourtrsquosPublic Area Terminals 11

E Pro Se Law Clerk 11

F Volunteer Attorney Self-Help at Clerkrsquos Offices 11

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT 11

A Alerting Debtors in Particular 12

B Alerting Pro Se Creditors Regarding Filing Deficiencies 12

V

PRO BONO PROGRAMS 13

A Resources 13

B Pro Bono Representation in Litigated Matters 13

C Debtor Representation 14

iii

D Clinic Programs 14

E The Need to Make the Existence of the Programs Known 14

ATTACHMENTS

1 Model Website Page for Pro Se Parties

2 Example of Notice Issued at Outset of Case

3 Example of Order Issued When the Debtor Fails to FileRequired Papers by Day 15 of the Case

Bankruptcy Abuse Prevention and Consumer Protection Act1

of 2005 PubL No 109-8 119 Stat 23 (generally effective asto cases filed on or after October 17 2005)

For a collection of articles addressing clerksrsquo offices2

providing guidance to pro se parties (including limits on itsability to do so) see Richard Zorza The Disconnect between theRequirements of Judicial Neutrality and those of the Appearanceof Neutrality when Parties Appear Pro Se Causes SolutionsRecommendations and Implications 17 Geo J Legal Ethics 423at 423-24 nn 2-4 (2004) [hereinafter When Parties Appear ProSe] That article describes John M Greacen No Legal Advicefrom Court Personnel What Does That Mean 34 Judges J 10(Winter 1995) as ldquothe seminal line-drawing article thataddresses the role of clerks and non-judicial staffrdquo Id at 424n2

For one view of what are the limits that the requirement3

of impartiality places on a judgersquos assisting pro se litigants inthe course of litigation see When Parties Appear Pro Se supran2

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

I

INTRODUCTION

The enactment of BAPCPA has made it much more difficult for1

pro se debtors to navigate a bankruptcy case successfully Inaddition the bankruptcy courts continue to deal with other prose parties

This paper suggests ways in which the bankruptcy courts canassist such pro se parties through their clerksrsquo offices (shortof the clerkrsquos office giving legal advice) and through pro bono2

programs and mediation programs This paper does not addresshow a judge should treat a pro se litigant in the course oflitigation 3

Emphasizing the dangers of proceeding without counsel andpointing pro se parties to resources for locating an attorney arean important aspect of courtsrsquo assisting such parties Inaddition it is important for the court to emphasize to pro separties that the clerkrsquos office and judges (and their chambersstaff) may not give legal advice

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 2: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

i

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

Table of Contents

I

INTRODUCTION 1

II

WEBSITE INFORMATION 2

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties WhoHave No Attorneyrdquo as on the Model Pro Se Website Page

below 3

B On the pro se website page post a general topic for both prose debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with anattorney and the prohibition against the clerkrsquos office andjudges giving legal advice 3

C On the websitersquos home page post a link to a special topic(contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top ofthe pro se page 4

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed 4

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounterin attempting successfully to navigate a bankruptcy caseonce it is commenced 5

F Include on the pro se website page information for pro secreditors 5

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic 5

H The websitersquos pro se page should post a link to the websitersquospage that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose 7

ii

I The websitersquos topic regarding informational materials aboutthe bankruptcy process should include information that isreadily included on a website 7

J The websitersquos pro se page should post cross-links (not justreferences) to other pages of its website that it mentions 8

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format 8

L A list of assistance that is and is not available at theclerkrsquos office should be posted on the pro se website page 8

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE 9

A Providing Information in Paper Form 9

B Providing Internet Access 10

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area 11

D Charging Nominal Fee for Materials Printed Using the CourtrsquosPublic Area Terminals 11

E Pro Se Law Clerk 11

F Volunteer Attorney Self-Help at Clerkrsquos Offices 11

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT 11

A Alerting Debtors in Particular 12

B Alerting Pro Se Creditors Regarding Filing Deficiencies 12

V

PRO BONO PROGRAMS 13

A Resources 13

B Pro Bono Representation in Litigated Matters 13

C Debtor Representation 14

iii

D Clinic Programs 14

E The Need to Make the Existence of the Programs Known 14

ATTACHMENTS

1 Model Website Page for Pro Se Parties

2 Example of Notice Issued at Outset of Case

3 Example of Order Issued When the Debtor Fails to FileRequired Papers by Day 15 of the Case

Bankruptcy Abuse Prevention and Consumer Protection Act1

of 2005 PubL No 109-8 119 Stat 23 (generally effective asto cases filed on or after October 17 2005)

For a collection of articles addressing clerksrsquo offices2

providing guidance to pro se parties (including limits on itsability to do so) see Richard Zorza The Disconnect between theRequirements of Judicial Neutrality and those of the Appearanceof Neutrality when Parties Appear Pro Se Causes SolutionsRecommendations and Implications 17 Geo J Legal Ethics 423at 423-24 nn 2-4 (2004) [hereinafter When Parties Appear ProSe] That article describes John M Greacen No Legal Advicefrom Court Personnel What Does That Mean 34 Judges J 10(Winter 1995) as ldquothe seminal line-drawing article thataddresses the role of clerks and non-judicial staffrdquo Id at 424n2

For one view of what are the limits that the requirement3

of impartiality places on a judgersquos assisting pro se litigants inthe course of litigation see When Parties Appear Pro Se supran2

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

I

INTRODUCTION

The enactment of BAPCPA has made it much more difficult for1

pro se debtors to navigate a bankruptcy case successfully Inaddition the bankruptcy courts continue to deal with other prose parties

This paper suggests ways in which the bankruptcy courts canassist such pro se parties through their clerksrsquo offices (shortof the clerkrsquos office giving legal advice) and through pro bono2

programs and mediation programs This paper does not addresshow a judge should treat a pro se litigant in the course oflitigation 3

Emphasizing the dangers of proceeding without counsel andpointing pro se parties to resources for locating an attorney arean important aspect of courtsrsquo assisting such parties Inaddition it is important for the court to emphasize to pro separties that the clerkrsquos office and judges (and their chambersstaff) may not give legal advice

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 3: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ii

I The websitersquos topic regarding informational materials aboutthe bankruptcy process should include information that isreadily included on a website 7

J The websitersquos pro se page should post cross-links (not justreferences) to other pages of its website that it mentions 8

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format 8

L A list of assistance that is and is not available at theclerkrsquos office should be posted on the pro se website page 8

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE 9

A Providing Information in Paper Form 9

B Providing Internet Access 10

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area 11

D Charging Nominal Fee for Materials Printed Using the CourtrsquosPublic Area Terminals 11

E Pro Se Law Clerk 11

F Volunteer Attorney Self-Help at Clerkrsquos Offices 11

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT 11

A Alerting Debtors in Particular 12

B Alerting Pro Se Creditors Regarding Filing Deficiencies 12

V

PRO BONO PROGRAMS 13

A Resources 13

B Pro Bono Representation in Litigated Matters 13

C Debtor Representation 14

iii

D Clinic Programs 14

E The Need to Make the Existence of the Programs Known 14

ATTACHMENTS

1 Model Website Page for Pro Se Parties

2 Example of Notice Issued at Outset of Case

3 Example of Order Issued When the Debtor Fails to FileRequired Papers by Day 15 of the Case

Bankruptcy Abuse Prevention and Consumer Protection Act1

of 2005 PubL No 109-8 119 Stat 23 (generally effective asto cases filed on or after October 17 2005)

For a collection of articles addressing clerksrsquo offices2

providing guidance to pro se parties (including limits on itsability to do so) see Richard Zorza The Disconnect between theRequirements of Judicial Neutrality and those of the Appearanceof Neutrality when Parties Appear Pro Se Causes SolutionsRecommendations and Implications 17 Geo J Legal Ethics 423at 423-24 nn 2-4 (2004) [hereinafter When Parties Appear ProSe] That article describes John M Greacen No Legal Advicefrom Court Personnel What Does That Mean 34 Judges J 10(Winter 1995) as ldquothe seminal line-drawing article thataddresses the role of clerks and non-judicial staffrdquo Id at 424n2

For one view of what are the limits that the requirement3

of impartiality places on a judgersquos assisting pro se litigants inthe course of litigation see When Parties Appear Pro Se supran2

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

I

INTRODUCTION

The enactment of BAPCPA has made it much more difficult for1

pro se debtors to navigate a bankruptcy case successfully Inaddition the bankruptcy courts continue to deal with other prose parties

This paper suggests ways in which the bankruptcy courts canassist such pro se parties through their clerksrsquo offices (shortof the clerkrsquos office giving legal advice) and through pro bono2

programs and mediation programs This paper does not addresshow a judge should treat a pro se litigant in the course oflitigation 3

Emphasizing the dangers of proceeding without counsel andpointing pro se parties to resources for locating an attorney arean important aspect of courtsrsquo assisting such parties Inaddition it is important for the court to emphasize to pro separties that the clerkrsquos office and judges (and their chambersstaff) may not give legal advice

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 4: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

iii

D Clinic Programs 14

E The Need to Make the Existence of the Programs Known 14

ATTACHMENTS

1 Model Website Page for Pro Se Parties

2 Example of Notice Issued at Outset of Case

3 Example of Order Issued When the Debtor Fails to FileRequired Papers by Day 15 of the Case

Bankruptcy Abuse Prevention and Consumer Protection Act1

of 2005 PubL No 109-8 119 Stat 23 (generally effective asto cases filed on or after October 17 2005)

For a collection of articles addressing clerksrsquo offices2

providing guidance to pro se parties (including limits on itsability to do so) see Richard Zorza The Disconnect between theRequirements of Judicial Neutrality and those of the Appearanceof Neutrality when Parties Appear Pro Se Causes SolutionsRecommendations and Implications 17 Geo J Legal Ethics 423at 423-24 nn 2-4 (2004) [hereinafter When Parties Appear ProSe] That article describes John M Greacen No Legal Advicefrom Court Personnel What Does That Mean 34 Judges J 10(Winter 1995) as ldquothe seminal line-drawing article thataddresses the role of clerks and non-judicial staffrdquo Id at 424n2

For one view of what are the limits that the requirement3

of impartiality places on a judgersquos assisting pro se litigants inthe course of litigation see When Parties Appear Pro Se supran2

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

I

INTRODUCTION

The enactment of BAPCPA has made it much more difficult for1

pro se debtors to navigate a bankruptcy case successfully Inaddition the bankruptcy courts continue to deal with other prose parties

This paper suggests ways in which the bankruptcy courts canassist such pro se parties through their clerksrsquo offices (shortof the clerkrsquos office giving legal advice) and through pro bono2

programs and mediation programs This paper does not addresshow a judge should treat a pro se litigant in the course oflitigation 3

Emphasizing the dangers of proceeding without counsel andpointing pro se parties to resources for locating an attorney arean important aspect of courtsrsquo assisting such parties Inaddition it is important for the court to emphasize to pro separties that the clerkrsquos office and judges (and their chambersstaff) may not give legal advice

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 5: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

Bankruptcy Abuse Prevention and Consumer Protection Act1

of 2005 PubL No 109-8 119 Stat 23 (generally effective asto cases filed on or after October 17 2005)

For a collection of articles addressing clerksrsquo offices2

providing guidance to pro se parties (including limits on itsability to do so) see Richard Zorza The Disconnect between theRequirements of Judicial Neutrality and those of the Appearanceof Neutrality when Parties Appear Pro Se Causes SolutionsRecommendations and Implications 17 Geo J Legal Ethics 423at 423-24 nn 2-4 (2004) [hereinafter When Parties Appear ProSe] That article describes John M Greacen No Legal Advicefrom Court Personnel What Does That Mean 34 Judges J 10(Winter 1995) as ldquothe seminal line-drawing article thataddresses the role of clerks and non-judicial staffrdquo Id at 424n2

For one view of what are the limits that the requirement3

of impartiality places on a judgersquos assisting pro se litigants inthe course of litigation see When Parties Appear Pro Se supran2

ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES

I

INTRODUCTION

The enactment of BAPCPA has made it much more difficult for1

pro se debtors to navigate a bankruptcy case successfully Inaddition the bankruptcy courts continue to deal with other prose parties

This paper suggests ways in which the bankruptcy courts canassist such pro se parties through their clerksrsquo offices (shortof the clerkrsquos office giving legal advice) and through pro bono2

programs and mediation programs This paper does not addresshow a judge should treat a pro se litigant in the course oflitigation 3

Emphasizing the dangers of proceeding without counsel andpointing pro se parties to resources for locating an attorney arean important aspect of courtsrsquo assisting such parties Inaddition it is important for the court to emphasize to pro separties that the clerkrsquos office and judges (and their chambersstaff) may not give legal advice

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 6: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

Nevertheless there will be pro se parties who elect tocontinue to proceed pro se and a courtrsquos posting of informationregarding the substantive and procedural aspects of a bankruptcycase will benefit such parties but will also benefit the courtby reducing the frequency of pro se partiesrsquo burdening the courtswith incorrectly filed papers and frequent solicitation forassistance or information from the clerkrsquos office A sidebenefit is that the information will occasionally be ofassistance to attorneys (for example as a source of informationthey can provide to their clients)

II

WEBSITE INFORMATION

One approach towards assisting pro se parties is via postinginformation on websites For example on the uscourtsgovwebsite a new page has been added to give pro se debtors someguidance regarding proceeding in a bankruptcy case (including thedangers of proceeding without counsel) and the page is found at

httpwwwuscourtsgovbankruptcycourtsprosehtml

A local courtrsquos website may usefully include a link to that page But necessarily the local bankruptcy court must be the principalsource of guidance to such pro se parties

Most courts post on their websites information about thebankruptcy process to assist pro se debtors and other pro separties The information posted and how it is posted varieswidely from district to district We make the followingsuggestions Attachment 1 Model Website Page For Pro SeParties incorporates those recommendations with some of thelinks that a pro se party would find on that page Examples(from many possible candidates) of websites that include many ofthe features we suggest are these

httpwwwazbuscourtsgov

httpwwwflmbuscourtsgovconsumerdebtordefaulthtm

httpwwwilnbuscourtsgov

httpwwwmabuscourtsgovmab

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 7: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

You are free to take these suggestions with a grain of salt asyour website may already be a thoroughly polished website orbecause you may disagree with these suggestions We do notpretend to have a monopoly of wisdom

A Post a link on the websitersquos home page to a pro se pageentitled ldquoHave No Attorneyrdquo or ldquoInformation for Parties Who HaveNo Attorneyrdquo as on the Model Website Page for Pro Se Partiesbelow This suggestion addresses some weaknesses that a websitecan have

bull Some courts have information for pro se parties but donot show a link to that information on the websitersquoshome page (For example it may be necessary to clickon the link for ldquoLegal Resourcesrdquo to find out thatthere is a link under ldquoLegal Resourcesrdquo for pro separties)

bull In addition some courts may use the term ldquopro serdquo ontheir home page and some pro se parties may not knowwhat that term means

bull Finally it is not only debtors who do not have anattorney

B On the pro se website page post a general topic for bothpro se debtors and creditors discussing the complexity ofbankruptcy and the desirability of proceeding with an attorneyand the prohibition against the clerkrsquos office and judges givinglegal advice The model website pro se page includes such atopic entitled General Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) which is an example of how such atopic can

bull insure that the website does not give the impressionthat it encourages pro se parties to proceed pro se

bull warn that only attorneys (and not petition preparers)can give legal advice

bull warn that the website is not a substitute for theadvice of competent legal counsel and cannot be citedas legal authority and

bull provide a link for finding an attorney

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 8: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

C On the websitersquos home page post a link to a specialtopic (contained on the websitersquos pro se page) warning debtorsabout the 11 USC sect 109(h) prepetition credit counselingrequirement and post a link to that as well on the top of thepro se page Many an individual debtorrsquos bankruptcy case isdismissed because the debtor did not obtain prepetition creditcounseling Accordingly there should be a link to the warningin that regard (see Notice to All Debtors Before Filing a Case)both on the websitersquos home page and at the outset of the pro sepage

D Highlight under a separate topic special reasons why anindividual debtorrsquos filing a bankruptcy case now may beinadvisable and the need to evaluate whether pursuing abankruptcy case is really needed The model website page for proses includes such a topic entitled Special Warning to a DebtorThinking of Filing a Bankruptcy Petition That topic would onceagain mention the prepetition credit counseling requirement of sect 109(h) (linking to the topic that fully discusses thatrequirement) and would also advise a debtor to meaningfullyevaluate whether bankruptcy makes sense with the topicmentioning

bull the unavailability of a discharge in certaincircumstances if the debtor filed a prior bankruptcycase

bull the impact of when the case is filed on whether certaintax liabilities will not be discharged by the debtorrsquosdischarge

bull the necessity of ascertaining whether any prior casewas dismissed with prejudice

bull the impact on the automatic stay of a prior case orcases having been pending within the last year

bull as a way of re-emphasizing the desirability of havingan attorney a brief mention of the complicated meanstest and the possible need for the assistance of anattorney in completing the required forms relating tothe means test

The topic would point a debtor to a topic (next suggested) thatdiscusses the other requirements imposed on the debtor and thedifficulties a debtor will face once the debtor has commenced acase

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 9: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

5

E Include on the pro se website page a discussion of theparticular difficulties that a pro se debtor will encounter inattempting successfully to navigate a bankruptcy case once it iscommenced The model website pro se page includes such a topicentitled Warning to Debtors Who Are Pro Se (Without an Attorney)Regarding the Difficulties They May Encounter Once They File aBankruptcy Case which illustratively addresses such matters as

bull the papers a debtor must file or furnish (the papersrequired by Rule 1007 and also tax returns)

bull the danger of dismissal for failing to file or furnishpapers (including the automatic dismissal provision ofsect 521(i))

bull the need to attend and testify at the sect 341 meeting ofcreditors

bull the requirement to take a financial management courseafter filing the petition if the debtor is to obtain adischarge

bull the filing fee requirement

F Include on the pro se website page information for prose creditors The model website pro se page includes such atopic entitled Creditors (and Other Non-Debtor Parties) Proceeding Pro Se (Without an Attorney) which illustrativelyaddresses such matters as

bull The general rule that only individuals may appearpro se and the exceptions for what a corporationmay file pro se despite that rule (eg a proofof claim)

bull The desirability of having counsel in anyproceeding within the case and points to the prose pagersquos Find an Attorney Sometimes Availablefor Free topic

G On the pro se website page include a ldquoFind an Attorney(Sometimes Available for Free)rdquo topic Sometimes a pro se partyis unaware of how to find an attorney to hire for a fee and maybe unaware of attorney services that may be available for thoseunable to afford to pay for an attorney

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 10: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

6

Posting a Link to ABArsquos Website Preparing such a page maybe as simple as providing a link to a page on the American BarAssociation website entitled

httpwwwabanetorglegalservicesfindlegalhelphomecfm

That ABA website page provides for each state a link to a pageentitled ldquoConsumerrsquos Guide to Legal Helprdquo for each state whichincludes

bull a link to httpwwwlawhelporg which posts similarinformation for pro ses in that state

bull a category entitled ldquoFind a Lawyerrdquo with links for theparticular state entitled

lt Lawyer Referral

lt Other Ways to Find a Lawyer

lt Free Legal Help

bull a link for ldquoFind Legal Informationrdquo

bull category entitled ldquoUsing a Lawyerrdquo with links to

lt ldquoLawyer Licensingrdquo (how to verify that the lawyeris duly licensed) and

lt ldquoTrouble With a Lawyerrdquo (what to do when you havetrouble with your lawyer)

Posting a Link to the Local Bar Associationrsquos Website Yourlocal bar association may have a website that includesinformation regarding finding an attorney and it is advisable toinclude a link to that part of its website

Posting Information Regarding Any Pro Bono Program Unique tothe Bankruptcy Court Many bankruptcy courts have pro bonoprograms in place and some have a clerkrsquos office law clerk forpro ses Be sure to also include mention of any such programsunique to the Bankruptcy Court

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 11: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

That website provides legal information by state and4

often posts information unique to the operation of the bankruptcylaws in that state based on that statersquos garnishment andexemption laws

7

H The websitersquos pro se page should post a link to thewebsitersquos page that addresses informational materials regardingbankruptcy and clearly indicating the topic as serving thatpurpose A court should consider posting on its websitersquos pro sepage a link (not just references) to the website page (for whichthe link is typically entitled Resources) that furnishesinformational materials about the bankruptcy process Howeverbecause the term ldquoResourcesrdquo may inadequately signify to many prose debtors what the topic covers the pro se page should clearlyidentify what that topic covers For example the link couldread Informational Materials Regarding Bankruptcy (Guides toBasics of Bankruptcy Statutes Forms Rules Checklists FilingFees)

I The websitersquos topic regarding informational materialsabout the bankruptcy process should include information that isreadily included on a website Typically a websitersquos home pageincludes a topic entitled Resources which sets forth suchinformation as

bull a link to the wwwuscourtsgov websitersquos links for

lt Bankruptcy Basics

lt Bankruptcy Code

lt Official Rules

lt Federal Rules of Bankruptcy Procedure and

lt Directorrsquos Form B200 (checklists for differentchapters)

bull a link to any useful bankruptcy materials prepared bythe local bar or local pro bono group (which materialsoften may be located using httpwwwlawhelporg)4

bull the courtrsquos Local Bankruptcy Rules

bull the courtrsquos Local Forms adopted by Local Rule (and anysuggested forms not required by Local Rule)

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 12: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

In preparing this paper we did not attempt to prepare a5

guide as a model for possible use nationwide

8

bull helpful guides to bankruptcy of the courtrsquos choosing5

lt We include on the model website Resources pagelinks to various types of Guides to Bankruptcy

lt Rather than a single guide for all cases it maybe useful to post separate guides for debtors foreach of the different chapters under which adebtor may file a bankruptcy case

bull guidance re filing fees

bull guidance re filing amended papers (particularly amendedschedules amended lists of creditors and an amendedmailing matrix)

bull guidance re reaffirmation agreements (requirements forfiling and for appearing if debtor is proceedingwithout an attorney description of legal consequenceswarning that reaffirmation is not required by law andmay not be in the debtorrsquos best interests)

J The websitersquos pro se page should post cross-links (notjust references) to other pages of its website that it mentions We recommend providing cross-links to other pages of the websiteso that pro ses need not search for the link to the page on thewebsitersquos home page

K The Official Forms and Local Forms Can be Posted in PDF-Fillable Format Using Adobe Acrobat Professional Version 8 apdf form (other than one created via scanning of the form intopdf) can be converted to a pdf-fillable form Most of theOfficial Forms are already in pdf-fillable form and available inpdf-fillable form on the uscourtsgov website Encouraging useof those forms may assist in having legible forms filed

L A list of assistance that is and is not available at theclerkrsquos office should be posted See the model pro se web page

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 13: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

The Model Website Page for Pro Se Parties (Attachment 16

hereto) could readily be converted to a notebook tabs for itsAttachments A through H would be needed But important information available on the website via a link should be printedout if not excessive in volume (For example a state barrsquoswebpage regarding finding an attorney should be printed outinstead of the notebook only listing the state barrsquos website) If there is a danger that the notebook might not be returned tothe clerkrsquos office we suggest that the clerkrsquos office mightpermit the notebook to be used only upon the individualdepositing his or her driverrsquos license with the clerkrsquos office toassure return of the notebook Alternatively the clerkrsquos office

9

III

INFORMATION AVAILABLE AT CLERKrsquoS OFFICE

Although the clerkrsquos office cannot give legal advice it cannevertheless provide assistance at its public area that would beuseful to a pro se party

A Providing Information in Paper Form The court shouldpost at the clerkrsquos office conspicuous information in paper formsimilar to what it posts on its website (Some individuals maynot be computer savvy) We suggest that the court consider

bull posting a very prominent notice (as on the website)regarding the dangers of filing a case without havingobtained credit counseling

bull posting another prominent notice warning that once acase is filed a debtorrsquos case may be dismissed or adischarge denied if the debtor does not comply withcertain obligations and referring to a notebook (seebelow) discussing those obligations

bull posting a prominent notice regarding what otherinformation is available at the clerkrsquos office toassist individuals who have no attorney (for examplethe paper materials discussed below and theinformation available via computers in the publicarea)

bull making available a notebook containing much of theinformation that would be available on the website(including the websitersquos pro se page and the guidesthat are posted on the website)6

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 14: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

could secure the notebook in a binder affixed to a desk (similarto how telephone directories are secured in phone booths) Theclerk could also offer copies of the notebook for sale at nocharge or a nominal fee (covering photocopying costs but not atthe 50 cents per page fee charged for the clerkrsquos making a copyof a paper filed in a case or proceeding)

As discussed in the preceding footnote there should be7

ways of assuring that these books are not removed from theclerkrsquos office

For example 8

bull the front desk cannot post in paper form all of theinformation available on its website (for exampleinformation available through links on the courtrsquoswebsite to other websites such as the free legalresearch available on Cornell Universityrsquos website)

bull The clerkrsquos office cannot hand out all forms for freebut they are free on the courtrsquos website

10

bull making available the Bankruptcy Code Federal Rules ofBankruptcy Procedure and Local Bankruptcy Rules forexamination at the clerkrsquos office 7

B Providing Internet Access Necessarily the informationavailable at the public area of the clerkrsquos office in paper formwill not be as extensive as what could be obtained using thecourtrsquos website Accordingly we recommend 8

bull For the benefit of customers lacking internet access athome the court should provide access via their publicarea computer terminals to their website and selectedwebsites to which that website links Some courts(such as the District of Vermont) already do that

bull If your court does not yet permit such internet accessa notice should be posted that most public librarieswill be able to assist visitors in obtaining internetaccess so that the customer may visit the courtrsquoswebsite in order to

lt print out forms at a modest library fee and

lt obtain access to other information posted on thecourtrsquos website and on internet sites for which

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 15: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

11

the courtrsquos website posts links

C Providing Assistance to Pro Ses in Their Using ComputerTerminals in Public Area Although the clerkrsquos office cannotgive legal advice it can assist pro ses when they need adviceregarding how to use the computer terminals in the public area A booklet showing in simple steps how to use those terminalsmight usefully be posted in the public area

D Charging Nominal Fee for Materials Printed Using theCourtrsquos Public Area Terminals Posted at the public arearsquoscomputer terminals should be a notice that papers may be printedon those computers at a stated nominal fee (and sometimes nofee) The notice should explain that the higher charge of 50cents per page applies only when the clerkrsquos office is asked toitself make a copy of a court paper Some courts permit saythe first 10 pages a person prints during a session at thecomputer terminal to be received at no charge only charging thenominal fee for the pages in excess of that If the computer isused to prepare a petition schedules and statement of financialaffairs the benefit to the court of having typed papers (in lieuof handwritten documents) may justify a policy of waiving thecharge for printing out such papers

E Pro Se Law Clerk Some courts have a Pro Se Law Clerk For example see httpwwwnyebuscourtsgovfiling_wo_attyhtmlunder ldquoObtaining Assistance from the Pro Se Law Clerkrdquo We havenot attempted to evaluate those programs

F Volunteer Attorney Self-Help at Clerkrsquos Offices Aspart of pro bono efforts some bar associations provide self-helpat the clerkrsquos office at appointed hours Those hours should beposted on the web page for pro ses under this topic of assistanceavailable at the clerkrsquos office

IV

ALERTING PRO SE PARTIES WHEN THEIR FILINGS ARE DEFICIENT

Once an individual decides to proceed pro se the courtshould have in place a standard set of notices that the clerkrsquosoffice issues to alert the party to any deficiencies in thepartyrsquos filings but the same notices could and probably shouldbe used as well for parties who have proceeded with theassistance of an attorney

A Alerting Debtors in Particular The problem is most

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 16: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

12

critical in the case of pro se debtors

bull Danger of Automatic Dismissal Under sect 521(i) Withlimited exceptions 11 USC sect 521(i) provides thateffective as of the 46th day after the filing of thepetition if the debtor has failed to file certaindocuments required by sect 521(a) the case shall beautomatically dismissed We suggest that clerkrsquosoffices take these steps

lt at the outset of the case the clerkrsquos officecould issue a notice (similar to Attachment 2)warning that certain documents still need to befiled and

lt then at say the 16-day mark issue a notice(similar to Attachment 3) warning that the casemay be subject to automatic dismissal if specifieddocuments are not filed by day 45 after the filingof the petition

bull Danger of Case Being Closed Without a Discharge Being

Granted if the Debtor Fails to File Form 23 RegardingPostpetition Debtor Course in Personal FinancialManagement Many individual debtors may not be awarethat they must file a Form 23 to obtain a discharge We suggest that the clerkrsquos office (or the trustee)

lt Flag this requirement in a notice at the outset ofa case

lt If the case is otherwise ready to be closed givenotice (or have a procedure in place for someoneelse like the chapter 13 trustee to give notice)that unless a Form 23 is filed the case will beclosed without a discharge being entered

B Alerting Pro Se Creditors Regarding Filing Deficiencies Most courts already have in place deficiency notice proceduresregarding procedurally incomplete filings Such notices are ofcourse particularly needed in the case of a pro se creditor Example a creditor may file a motion for relief from theautomatic stay without the notice required by local rules of anopportunity to oppose the motion and the clerkrsquos office wouldissue a notice that this deficiency must be corrected

V

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 17: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

13

PRO BONO PROGRAMS

A Resources Courts should be aware of the possibility ofthe bar or the court establishing pro bono programs in bankruptcycourts

bull A good starting point for any bankruptcy courtconsidering establishing a pro bono program is How toBegin a Pro Bono Program in Your Bankruptcy Court - AStarter Kit for Lawyers and Judges (2d ed 1999)(ldquoStarter Kitrdquo) available by contactingabaprobonostaffabanetorg or by downloading fromhttpwwwabanetorglegalservicesprobonopublicationsbankruptcy_starterkithtml and we summarize belowsome of the types of pro bono programs discussed inthat booklet The ABA website also

bull A recent discussion of such programs is Peter CAlexander and Gary S Gildin Bankruptcy Pro Bono LegalAssistance Programs An Update Norton Annual Survey ofBankruptcy Law 397 (2007) (ldquoPro Bono Updaterdquo)

bull Other pro bono resources may be found on the ABAwebsite underhttpwwwabanetorglegalservicesprobonobankruptcyhtml which includes for example a Penn State Pro BonoBankruptcy Catalog

bull The American College of Bankruptcy and its Foundationmake grants to public service and bar associationrelated entities working to assure representation ofthose unable to afford counsel Grant applicationforms are available at wwwamercollorgprobono

As discussed in the Starter Kit there are two principal types ofpro bono programs those designed to provide representation topro se parties involved in litigation and those designed toprovide assistance to a debtor in filing a bankruptcy case

B Pro Bono Representation in Litigated Matters This typeof pro bono representation can take several forms

bull One is to have a pro bono panel available for the courtto call upon to represent indigents in litigation (suchas a dischargeability proceeding)

lt The Pro Bono Update article at 411-12 discusses

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 18: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

14

the Eastern District of Michigan pro bono program

lt Among other courts having such pro bono panelsgoverned by local rule are

Southern District of New York (see General OrderMmdash320 (available on its website under LocalRulesOrders then General Orders by Date)

Eastern District of New York (Administrative Order501) and

District of Columbia (LBR 2090-2 through 2090-4(available on its website under Amendment to LocalRules)

bull Another is to tie into the barrsquos volunteer lawyerrsquosprogram (VLP) with the clerk advising of theavailability of that program

bull Another form calls upon law-students-in-court programs

bull Finally some programs provide pro bono representationin mediation with the understanding that theattorneyrsquos role may be limited to representing the prose party in the mediation process

C Debtor Representation Local bars have various programsfor representation of debtors in filing chapter 7 cases andoccasionally chapter 13 cases

D Clinic Programs These programs give guidance on agroup basis to potential debtors and point them to directrepresentation programs

E The Need to Make the Existence of the Programs Known Whatever pro bono programs exist in a district it is criticalthat the availability of the programs be made known to potentialusers

bull That is why the courtrsquos website and the clerkrsquosofficersquos public area should include informationregarding these programs

bull In addition the court can direct the clerk to includewith the summons issued to an individual defendant inan adversary proceeding a notice of the availability ofany pro bono program or the clerk can mail a letter to

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 19: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

15

any individual party not yet represented by counsel

bull By Local Rule the court can require that the notice ofopportunity to respond in certain contested matters(for example motions to hold an individual in contemptfor violating the automatic stay) similarly includesuch notice when a pro bono program applies to suchmatters but careful thought should be given to thespecific types of contested matters that would besubject to such a requirement

bull In addition give notice of the existence of your probono programs to any website that lists pro bonoprograms such as

lt httpwwwlawhelporg and any part of thatwebsite pertinent to your state

lt Penn Statersquos Pro Bono Bankruptcy Catalog(httpwwwdslpsuedupublicationsprobonoindexcfm)

lt your local barrsquos website and

lt httpwwwprobononet (which may be contactedvia e-mail at httpwwwprobononet)) (aresource for attorneys interested in participatingin pro bono opportunities)

[End of Paper]

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 20: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT 1

MODEL WEBSITE PAGE FOR PRO SE PARTIES

United States Bankruptcy Court forthe [insert name of the District]

[Insert Address][Insert Telephone Number]

[Insert Website]

INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY

Stop Before continuing if you are a debtor thinking of filinga bankruptcy case first read the NOTICE TO ALL DEBTORS BEFOREFILING A CASE Attachment A below

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 21: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

TABLE OF CONTENTS

Attachment A Notice to All Debtors Before Filing a Case

Attachment B General Warning to All Parties ProceedingWithout an Attorney (Proceeding Pro Se)

Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Attachment D Warning to Debtors Who Are Pro Se (Without anAttorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case

Attachment E Creditors (and Other Non-Debtor Parties)Proceeding Pro Se (Without an Attorney)

Attachment F Find an Attorney (Sometimes for Free)

Attachment G Informational Materials Regarding Bankruptcy(Guides to Basics of Bankruptcy StatutesForms Rules Checklists Filing Fees)

Attachment H List of Assistance That is Available at theClerkrsquos Office

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 22: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT A

NOTICE TO ALL DEBTORSREAD THIS BEFORE YOU FILE YOUR CASE

Did you (and your spouse if preparing to file a joint petition)obtain a briefing (also called credit counseling) that outlinedthe opportunities for available credit counseling and assistedyou in performing a related budget analysis within the last 180days from a United States Trustee-approved nonprofit budget andcredit counseling agency See 11 USC sect 109(h)(1) (section109(h)(1) of the Bankruptcy Code (title 11 US Code) a copy ofwhich may be examined at the Clerkrsquos Office

See Obtaining Credit Counseling below for information regardingobtaining such credit counseling

WARNING REGARDING CONSEQUENCES OF NOT HAVING OBTAINED SUCH CREDITCOUNSELING If you have not completed such credit counselingbefore you file your petition (and no earlier than 180 daysbefore you file your petition) and you do not meet therequirements for an extension to complete the credit counselingafter filing (or for being exempted from being required to obtainsuch a credit counseling) your case will be dismissed and youwill not receive a discharge of your debts In some cases youmay not be allowed to file another case for 180 days Even ifyou file another case within one year after your first case wasdismissed your protection under the Bankruptcy Codersquos automaticstay from your creditors may be limited to thirty (30) days afterfiling the new case

Under the bankruptcy laws (see 11 USC sect 109(h)(3)) the Courtcan only allow you to complete the credit counseling after filingif you meet all of the following conditions]

1) You must have requested the required credit counselingfrom an approved nonprofit budget and credit counselingagency but were unable to obtain the required servicesduring the 5-day period beginning on the date on which youmade that request and

2) There are exigent (emergency) circumstances that thecourt determines merit a waiver of the requirement ofobtaining the credit counseling before filing the case and

3) You must file a certification stating the facts regardingthe conditions listed above in paragraphs (1) and (2) withyour petition and the certification must be satisfactory to

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 23: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

the court

Please be advised ndash most debtors will not be able to meet theseconditions because credit counseling is readily available in thisDistrict

The decision to file your petition is up to you but if you filewithout having obtained credit counseling you are riskingdismissal of your case The Clerk (and the judge and his chambersstaff) cannot provide legal advice or predict in advance how ajudge will decide your request for an extension to complete thisrequirement

Obtaining Credit Counseling To locate an approved agency that canprovide you pre-bankruptcy credit counseling obtain from theClerkrsquos Office a list of US Trustee approved credit counselingagencies or go to the US Trustee website listed below

httpwwwusdojgovusteobapcpaccdeindexhtm

The Federal Trade Commissionrsquos Before You File for PersonalBankruptcy Information About Credit Counseling and DebtorEducation (found athttpwwwftcgovbcpedupubsconsumercreditcre41shtm) hasmore information in this regard

Some things to bear in mind

lt You may conduct the counseling on a computer If youdonrsquot have a computer your public library may allow youuse of their computers You may also obtain thecounseling by telephone or in person

lt Be sure you take credit counseling from a US Trustee-approved credit counseling agency and that you make clearto that agency that you need the counseling for purposesof filing a bankruptcy case

lt Ask the credit counseling agency for a certificatedescribing the credit counseling services provided toyou and a copy of any debt repayment plan developedthrough the agency You will need to file those in yourbankruptcy case [See 11 USC 521(b)]

lt The safest way to be sure you got the required type ofcredit counseling is to obtain a certificate before youfile your bankruptcy case The certificate should be ona form like the Example of Credit Counseling Certificateattached below

lt Be sure that your certificate reflects that you got yourcredit counseling within 180 days before you file yourpetition If you got the credit counseling more than 180days ago that credit counseling is too old and will not

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 24: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

satisfy the statutory requirement

lt Some courts interpret the general statutory requirementin 11 USC sect 109(h)(1) that the debtor have obtainedcredit counseling ldquoduring the 180-day period precedingthe date of filing of the petitionrdquo as meaning thatcredit counseling obtained on the day of filing thepetition does not satisfy the requirement (even if thecounseling preceded the filing of the petition)

lt If you obtained so-called debtor education from anapproved debtor education provider that is not the samething as prepetition credit counseling

Note There are exemptions from this requirement available forpersons who are mentally ill disabled or on military duty in anactive combat zone [See 11 USC sect 109(h)(4)]

An example of a certificate of credit counseling appears onthe next page

If you are using a computer to view this press here to return tothe Table of Contents for Information for Parties Having NoAttorney

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 25: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

Exampleof CreditCounselingCertificate

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 26: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT B

General Warning to All Parties Proceeding Without an Attorney (Proceeding Pro Se)

Individuals (but not corporations or partnerships) may appearldquopro serdquo (that is without an attorney) in the bankruptcy court As discussed more fully under separate topics addressedspecifically to debtors and to creditors bankruptcy can be a verydifficult area in which to proceed pro se You may wish to obtainthe services of an attorney (see Attachment F Find an AttorneySometimes Available for Free) Only an attorney is authorized togive you legal advice regarding a bankruptcy case or proceeding

bull The court has prohibited the clerkrsquos office and the chambers staff of the courtrsquos judges from giving legaladvice For example they cannot

lt Explain the meaning of a particular statutoryprovision or rule

lt Give an interpretation of case law

lt Explain the result of taking or not takingaction in a case

lt Help you complete forms or advise youregarding what is legally required when a formelicits information from you

lt Tell you whether jurisdiction is proper in acase

lt Tell you whether a complaint properly presentsa claim

lt Provide advice on the best procedure toaccomplish a particular goal

lt Apply a rule or statute

lt Explain who should receive proper notice orservice

bull The judge in a case cannot give you legal advice orassist you in the case The judgersquos job is to superviseand administer the entire case and to resolve disputesbetween the parties and the judge must remain impartial(not lean in favor of one side) You cannot engage inso-called ex parte communications with the judge(meaning only you communicating with the judge)

You cannot contact the judge to have a conversationabout the case

When you file a paper seeking some form of relief

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 27: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

from a judge you must serve any person who mightbe adversely affected were the relief granted orwho might otherwise be interested in the matter

See Fed R Bankr P 9003 (Copies of the Federal Rulesof Bankruptcy Procedure of Official Forms of theInterim Bankruptcy Rules and of the Local BankruptcyRules may be examined at the Clerkrsquos Office or onlinethrough this courtrsquos website [insert courtrsquos website])

bull So-called ldquopetition preparersrdquo are not authorized togive debtors legal advice their role is strictly thatof a typing service transcribing for a minimal fee theinformation a client provides but not makingsuggestions regarding what papers are legallyappropriate or what information legally is appropriateto include on the papers

bull Most of the required forms in a bankruptcy case areavailable for free on the linkhttpwwwuscourtsgovbkformsindexhtml and most arein pdf-fillable form so that they can be completed usinga keyboard If you do not have a computer you can usefor that purpose check at the courtrsquos intake counter tosee if we have finished installing a computer in thepublic area that you could use for that purpose orcheck with your public library if it has one you can usefor that purpose

bull Given the availability on the internet of pdf-fillableforms there is little or no reason for a debtor to paya non-attorney ldquopetition preparerrdquo to obtain the forms Properly completing those forms however may requireadvice of competent legal counsel a petition preparermay not give you such legal advice

The information in this document Information for Parties Who HaveNo Attorney is not a substitute for the advice of competent legalcounsel (again see Attachment F Find an Attorney SometimesAvailable for Free) and should not be cited or relied upon aslegal authority It is intended as only a guide to some basicaspects of bankruptcy law and is necessarily limited and does notinclude all of the controlling law (principally the BankruptcyCode the Federal Rules of Bankruptcy Procedure and the courtrsquosLocal Bankruptcy Rules and court decisions interpreting thosedocuments)

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 28: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT C

Special Warning to a Debtor

Thinking of Filing a Bankruptcy Petition

Before you file a bankruptcy petition you need to stop andmake sure that you have met the statutersquos credit counselingrequirement and that filing a petition is the best thing for youto do

bull DO NOT file if you have not obtained credit counselingwithin 180 days before you file your bankruptcy case(unless you qualify for one of the rarely applicableexceptions to that requirement) You need to make surethat you receive credit counseling as required bysection 109(h) of the Bankruptcy Code (11 USC sect109(h)) before you file (A copy of the BankruptcyCode is available at the Clerkrsquos Office) If you do notget the credit counseling before you file your case maybe dismissed More information is available about thisat Attachment A Notice to All Debtors

bull You need to determine whether under the law of yourstate your income is above or below the amount subjectto garnishment or is immune from garnishment andwhether your other assets can or cannot be seized bycreditors For example if your employer is located in[insert state within which court is located] the amountof wages that can be seized is governed by [insert linkto applicable state statutory provision(s)] Otherstatesrsquo statutes can be found onhttpwwwlawcornelledustateslistinghtml

bull If you are considering bankruptcy because you face aforeclosure on real property there may be ways ofavoiding foreclosure short of filing a bankruptcy case See the discussion of foreclosure on the US Courtswebsite

httpwwwuscourtsgovbankruptcycourtsprosehtml

bull If you filed a bankruptcy case before that wasdismissed

lt Determine whether the order that dismissed yourlast case barred you from filing a new case forsome period of time (for example by dismissing thecase ldquowith prejudice for 180 daysrdquo) If so youcannot file your new case until that time has

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 29: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

passed (usually measured from the date the clerkentered the order of dismissal which may be laterthan the date the judge signed the order)

lt Determine whether a motion for relief from theautomatic stay was pending in your earlier casewhen you decided to dismiss your case voluntarily If so your new case may be dismissed if filedwithin 180 days after entry by the clerk on thedocket of the order that dismissed the earliercase See section 109(g)(2) of the Bankruptcy Code(11 USC sect 109(g)(2))

lt Your right to have the automatic stay in placethroughout your case will be affected if a priorcase or cases were pending during the year beforeyou file your new case You are urged to seek theadvice of an attorney about this See sections362(c)(1) and 362(c)(2) of the Bankruptcy Code (11USC sectsect 362(c)(1) and 362(c)(2))

bull If you filed a bankruptcy case before and received adischarge in that case (or an earlier case) determineif that discharge makes you ineligible to receive adischarge in the new case See the Table RegardingAvailability of Discharge if Debtor Got a Discharge inan Earlier Case at the end of this Attachment C

bull You may even be denied a discharge in a chapter 7case if you engaged in certain conduct precedingthe bankruptcy case such as

lt in some instances having made a transfer ofproperty in order to hinder delay or defraud acreditor (see 11 USC sect 727(a)(2)) or

lt in some instances having failed to keep adequaterecords (see 11 USC sect 727(a)(3))

or if you will not be able in the case to explainsatisfactorily any loss of assets or deficiency ofassets to meet your liabilities (see 11 USC sect727(a)(5))

bull You should be aware that sometimes not all of a debtorrsquosliabilities are discharged in a bankruptcy case even ifthe debtor receives a discharge See 11 USC sectsect523(a) 523(c) and 1328(a)

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 30: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

lt Those provisions regarding what debts aredischargeable are complicated and the advice ofcounsel is strongly recommended in your evaluatingthem

lt For example the date on which you file yourpetition could affect whether certain taxliabilities will be discharged by the discharge youreceive in the case See 11 USC sect 523(a)(1)referring to taxes of the kind and for the periodsspecified in 11 USC sect 507(a)(8) Illustratively a discharge in a chapter 7 casedoes not apply to an income tax liability for whicha return was last due including extensions afterthree years before the date of the filing of thepetition

lt Before you file a bankruptcy petition you ought todetermine whether you are eligible to file a bankruptcycase

lt If you wish to file a case under chapter 13 of theBankruptcy Code make sure you meet the debteligibility requirements for such a case See 11USC sect 109(e)

lt If you wish to file a case under chapter 7 of theBankruptcy Code be aware of the means test under11 USC sect 707(b)(2) See also Official Form B22A(information you must file addressing the meanstest) (A copy of the Official Forms is availableat the Clerkrsquos Office) If a presumption of abusearises under the means test then under 11 USC sect707(b)(1) your case might be dismissed as an abuseof the provisions of chapter 7 (unless you were toconvert the case to another chapter)

lt Be aware of the consequences discussed above ofyour having filed a bankruptcy case before

lt Make sure that your case will not be dismissedbased on the statutory requirement regardingprepetition credit counseling discussed under Notice to All Debtors

bull You will also need to be aware of all of therequirements that will be imposed upon you once the

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 31: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

case is filed in order for you to prevent dismissal ofthe case and to prevent denial of a discharge SeeAttachment D Warning to Debtors Who Are Pro Se (Withoutan Attorney) Regarding the Difficulties They MayEncounter Once They File a Bankruptcy Case topic setforth below

bull Beyond that you need to also read the Attachment BGeneral Warning to Parties Proceeding Without anAttorney (Proceeding Pro Se) above

If you are using a computer to view this press here toreturn to the Table of Contents for Information for Parties HavingNo Attorney

[The Table Regarding Availability of Discharge if Debtor Gota Discharge in an Earlier Case is on the next page]

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 32: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

Table Regarding Availability of Discharge

if Debtor Got a Discharge in an Earlier Case

Chapter 7 An individual debtor is not entitled to get a discharge ina new Chapter 7 case if

bull the debtor was granted a discharge in a case under Chapter 7or 11 of the Bankruptcy Code in a case commenced within 8years before the date of the filing of the petition in thenew case or

bull the debtor was granted a discharge in a case under chapter12 or 13 of the Bankruptcy Code in a case commenced within 6years before the date of the filing of the petition in thenew case unless

payments under the plan in such prior case totaled atleast

lt 100 percent of the allowed unsecured claimsin such prior case or

lt 70 percent of such claims and the plan wasproposed by the debtor in good faith andwas the debtorrsquos best effort

See 11 USC sect 727(a) paragraphs (8) and (9)

Chapter 11 An individual debtor is not entitled to get a discharge ina new chapter 11 case in certain circumstances if the debtor would notbe entitled to get a discharge in a chapter 7 case See 11 USC sect1141(d)(3)

Chapter 13 A debtor is not entitled to get a discharge in a newchapter 13 case if the debtor got a discharge

bull in a case filed under chapter 7 11 or 12 during the 4-yearperiod preceding the filing of the debtorrsquos petition in thenew case or

bull in a case filed under chapter 13 during the 2-year periodpreceding the filing of the debtorrsquos petition in the newcase

See 11 USC sect 1328(f)

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 33: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

ATTACHMENT D

Warning to Debtors Who Are Pro Se (Without an Attorney)

Regarding the Difficulties

They May Encounter Once They File a Bankruptcy Case

As well as reading this topic an individual debtor thinkingof filing a bankruptcy petition should first read

bull Attachment A Notice to All Debtors Before Filing a Case

bull Attachment B General Warning to Parties ProceedingWithout Counsel (Proceeding Pro Se)

bull Attachment C Special Warning to a Debtor Thinking ofFiling a Bankruptcy Petition

Particularly for a debtor it is extremely difficult successfullyto navigate a bankruptcy case given the complexity of thebankruptcy laws The rules are very technical and a misstep mayaffect a pro se debtorrsquos rights Bankruptcy for a debtor haslong-term financial and legal consequences The court stronglyencourages debtors to attempt to obtain the assistance of anattorney (see Attachment F Find an Attorney Sometimes Availablefor Free)

In addition to the general requirement regarding obtaining credit counseling before you file your petition (discussed indetail under Notice to All Debtors Before Filing a Case(Attachment A)) you also need to be aware of the requirements thatwill be imposed upon you in order for you to prevent dismissal ofthe case and to prevent denial of a discharge At the clerkrsquosoffice and under Informational Materials (Attachment G)(including the US Courtsrsquo website athttpwwwuscourtsgovbankruptcycourtsresourceshtml and the[describe whatever guides your court has posted]) there arematerials addressing in more detail the requirements that will beimposed on you and how to comply with them Those requirementsinclude the following

Filing Petition (and other Documents Required to be FiledUtilizing an Official Form) on the Correct Official Form

bull The petition is the document you file to commence yourbankruptcy case

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 34: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

bull It must be filed using the most recent version of theOfficial Form for a petition Similarly otherdocuments required to be filed on an Official Form mustuse the most recent version of the Official Forms

Requirements of Filing With the Petition a So-Called List ofCreditors a Mailing Matrix and a Statement of SocialSecurity Number

bull Under Fed R Bankr P 1007(a)(1) you are required tofile with the petition a list of creditors otherparties to any executory contract or unexpired leaseand any co-debtor (such as a guarantor or co-signer) You must file that list (commonly referred to as theList of Creditors) using the caption of the case (seeOfficial Form B16B) and signing the list under penaltyof perjury (see Fed R Bankr P 1008 and 28 USC sect1746)) (or under oath) as being an accurate list incompliance with Rule 1007(a)(1) But this List ofCreditors as discussed below can be combined with theMailing Matrix

bull In addition you must submit that list as a MailingMatrix for the case in accordance with the ClerkrsquosOfficersquos Mailing Matrix Guidelines (attached hereto[attach courtrsquos Guidelines]) like the Matrix Example(attached hereto [attach Example])

bull The List of Creditors and the Mailing Matrix may becombined and usually are combined When combined mustinclude a cover sheet (List of Creditors and MailingMatrix) like the one attached hereto When notcombined the cover sheet should be adjustedaccordingly

bull You must also file with the petition a Statement ofSocial Security Number on Official Form B21

bull Caution Failure to file the List of Creditors theMailing Matrix or the Statement of Social SecurityNumber with the petition may result in the courtdismissing the case within a few days after it started

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 35: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

Required Filings Within 15 Days of Commencement of Case ofCertain Documents on Official Forms Payment Advices andRecord of Certain Educational IRAs

bull You are required to file within 15 days after you fileyour bankruptcy petition certain additional papers someof them on Official Forms See 11 USC sect 521(a)(1)(B)and sect 521(c) and Interim Bankruptcy Rule 1007(b) and (c)(Oct 1 2006) See also the checklists (one for eachchapter of the Bankruptcy Code under which a case may befiled) entitled Required Lists Schedules Statementsand Fees (Directorrsquos Procedural Form B200)

bull You must fill out the required Official Forms fully andtruthfully and sign them under penalty of perjury Youmust use the most recent version of the Official Forms We emphasize that one of these Official Forms you mustfill out and file is especially complicated

lt If you file under chapter 7 of the Bankruptcy Codeyou will have to file a complicated Statement ofCurrent Monthly Income and Means Test Calculation(Chapter 7) (Form B22A) addressing the means testunder 11 USC sect 707(b)(2) If a presumption ofabuse arises under the means test then under 11USC sect 707(b)(1) your case might be dismissed asan abuse of the provisions of chapter 7 (unless youwere to convert the case to another chapter)

lt If you file under chapter 13 of the BankruptcyCode you will have to file a similarly complicatedStatement of Current Monthly Income and Calculationof Commitment Period and Disposable Income (Chapter13) (Form B22C)

lt In addition to the papers you must submit on OfficialForms you are required to file copies of certainpayment advices [if your court provides for submissionof the payment advices to the trustee instead of filingthem adjust your website accordingly] and the recordof certain educational IRAs See 11 USC sect521(a)(1)(B)(iv) and sect 521(c)

lt In a chapter 13 case you must file a plan

lt Warning Failure timely to file these required papers[add ldquoor in the case of payment advices to furnish the

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 36: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

5

payment advices to the trusteerdquo if your court permitsfurnishing of payment advices to the trustee in lieu offiling] may result in dismissal of the case

lt There are limits on the courtrsquos granting anextension of the 15-day period See 11 USC sect521(a) and (c) Rules 1007(b) and (c) of the Interim Bankruptcy Rules (Oct 1 2006)

lt 11 USC sect 521(i)(1) generally requires that ifcertain of these required documents are not filedldquowithin 45 days after the date of the filing of thepetition the case shall be automatically dismissedeffective on the 46th day after the date of thefiling of the petitionrdquo

Tax Returns and (in Chapter 13) Periodic Statements of Incomeand Expenses

The Bankruptcy Code now imposes on you various requirementsregarding tax returns and if you fail to comply with thoserequirements your case may be dismissed

bull Not later than 7 days before the date first set for themeeting of creditors you must give the trustee a copy ofthe Federal income tax return that was required underthe tax laws for the most recent tax year endingimmediately before the commencement of the case and forwhich you filed a return See 11 USC sect 521(e)(2)(A)Rules 4002(b)(3) and (4) of the Interim BankruptcyRules (Oct 1 2006) In lieu of a copy of the taxreturn you may furnish a transcript of the return [Post here or in your bankruptcy guide a link to a pagelike Obtaining Tax Records found on EDNYrsquos website]

bull You are required timely to file with the tax authoritiestax returns coming due after the commencement of thecase See 11 USC sect 521(j)

bull At the request of any party in interest in a chapter 711 or 13 case you are required to file with the courtat the same time you file it with the IRS

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingwhile the case is pending (see 11 USC sect521(f)(1))

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 37: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

6

lt a copy of each Federal income tax return (or atranscript of such return) for each tax year endingin the 3-year period ending on the date you fileyour bankruptcy petition for which a return had notbeen filed with the IRS as of the date you filedyour bankruptcy petition and for which yousubsequently filed a return (see 11 USC sect521(f)(2))

lt a copy of each amendment to any of the foregoingFederal income tax returns (see 11 USC sect521(f)(3))

bull In a chapter 13 case you must prior to the first dateset for the meeting of creditors file with theappropriate tax authorities all tax returns required tobe filed under nonbankrutcy law for all taxable periodsending during the 4-year period ending on the date ofthe filing of your petition See 11 USC sect 1308

bull In a chapter 13 case at the request of any party ininterest you must periodically file an annual statementof income and expenditures See 11 USC sect 521(f)(4)and (g)(1)

Statement of Intention in Chapter 7 Case

bull In a chapter 7 case you must file by the earlier of 30days after you file your petition or the date of themeeting of creditors a statement of intention if youhave any debts secured by property of your bankruptcyestate See 11 USC sect 521(a)(2) If you fail tocomply with that requirement the automatic stay may beterminated with respect to any personal propertysecuring such debt See 11 USC sect 362(h)

Meeting of Creditors

bull You are required to attend a meeting of creditors and tobe examined and testify truthfully under oath at thatmeeting in response to questions posed by the trustee(and by any creditors in attendance) See 11 USC sect343 Fed R Bankr P 2003(b)(1)

bull The meeting of creditorsrsquo date time and location willbe set by the clerk shortly after you file your petition

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 38: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

7

for a date 20 to 40 days after you file your petitioncommencing your case See Fed R Bankr P 2003(a) Within 15 days after you file your petition you shouldreceive a notice regarding the commencement of the casethat sets forth the date time and location of themeeting If you do not receive that notice by then youought to promptly contact the Clerkrsquos Office to learnwhen and where the meeting will be held

bull At the meeting of creditors

lt Under Rule 4002(b)(1) of the Interim BankruptcyRules (Oct 1 2006) you must bring

-- a driverrsquos license (or other pictureidentification issued by a governmental unit)or other personal identifying information thatestablishes your identity and

-- evidence of your Social Security Number(s) ora written statement that such documentationdoes not exist

lt Under Rule 4002(b)(2) of the Interim BankruptcyRules (Oct 1 2006) you must bring and makeavailable to the trustee

ndash- evidence of current income such as your mostrecent payment advice

-- unless the trustee or US Trustee instructsotherwise statements for each of yourdepository and investment accounts (includingchecking savings and money market accountsmutual funds and brokerage accounts) for thetime period that includes the date of thefiling of the petition and

-- documentation of the monthly expenses claimedby you on the version of Official Form B22applicable to the chapter in which you filedyour case (Form B22A B22B or B22C))

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 39: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

8

lt In a case other than one under chapter 7 thetrustee (or the United States Trustee) may requireyou to provide documentation regarding your beingcurrent on any domestic support obligation comingdue postpetition as required--for example in achapter 13 case by 11 USC sect 1325(a)(8)--toobtain confirmation of a plan

Restrictions on Your Obtaining a Discharge

bull You can be denied a discharge (or the case may bedismissed thereby precluding you from obtaining adischarge) if you refuse to comply with an order of thecourt or knowingly and fraudulently make a falsestatement under oath in the case or fail to disclose allof your assets and debts or have otherwise engaged incertain dishonest conduct with respect to the bankruptcycase See 11 USC sectsect 727(a)(4) 727(a)(6) 1307(c)

bull You may even be denied a discharge in a chapter 7 caseif you engaged in certain conduct preceding thebankruptcy case (such as failing to keep adequaterecords or having engaged in certain transfers ofproperty in order to hinder delay or defraud acreditor) See 11 USC sectsect 727(a)(2) 727(a)(3))and 727(a)(5))

bull You are required in a chapter 7 or chapter 13 case totake a financial management course after filing thepetition and file a Debtors Certification of Completionof Instructional Course Concerning Financial Management(Official Form B23)

Fees You Must Pay

bull You are required to pay with the petition a filing feein the case unless (1) you apply for and are granted awaiver in a chapter 7 case (see Application for WaiverOfficial Form B3B) or (2) you apply for and are grantedpermission to pay the fee in installments (seeApplication to Pay Filing Fee in Installments OfficialForm B3A) [post here a link to information regardingthe timing of installments and the amounts to be madewith each installment (as required by LBR or as requiredby the clerkrsquos office as authorized by standing order] If you fail to obtain a waiver and fail timely to paythe filing fee the court may dismiss your case

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 40: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

9

bull If you amend your schedules (or your list of creditorsand mailing matrix) to add or change the name of acreditor you must pay a $26 fee

Consequence of Proceeding Pro Se Materials That May Help Youif You Decide to Proceed Pro Se

bull An individual debtor is free to decide to proceed prose but is subject to the same procedural requirementsas apply to a debtor who is represented by counsel

bull This websitersquos page entitled Informational Materials(providing information regarding bankruptcy (GuidesStatutes Forms Rules Checklists Filing Fees)) may beof assistance to you if you do decide to proceed pro se

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 41: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

UNITED STATES BANKRUPTCY COURT

FOR THE [INSERT DISTRICT]

In re

___________________________

Debtor(s)

)

)

)

)

)

Case No ____________

(Chapter __)

LIST OF CREDITORS AND MAILING MATRIX

1 The attached list serving both as the list required by

Rule 1007(a)(1) of the Federal Rules of Bankruptcy Procedure and

as the mailing matrix required by the courtrsquos Local Bankruptcy

Rules consists of _______ pages and a total of ________ parties

listed

2 The attached list contains a true and correct name and

address of

bull each of my creditors (those entities required to be

scheduled on Schedules D E and F the Schedules of

Creditors Holding Claims in this case)

bull each of the parties required to be listed on Schedule G

- Executory Contracts and Unexpired Leases that is the

parties other than myself to any unexpired lease of

real or personal property to which I am a party

Page 1 of 2

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 42: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

bull each entity required to be listed on Schedule H -

Codebtors (any person or entity other than my spouse in

a joint case that is also liable on any debts owed to

any of my listed creditors including all guarantors and

co-signers)

I declare under penalty of perjury that the foregoing is true and

correct

Executed on this ____ day of ______________ __________

______________________________

Debtor

______________________________

Joint Debtor (if joint case)

Page 2 of 2

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 43: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

MAILING MATRIX GUIDELINES

[One Courtrsquos Insert Your Courtrsquos Guidelines]

A mailing matrix must conform to the following guidelines

bull A mailing matrix consists of eight or nine creditors perpage with their complete addresses clearly typed leftjustified and centered in a single column down themiddle of one side of an 8 frac12 X 11 sheet of paper

bull The mailing matrix must be typed on blank white 20 lbpaper Do not use textured onion skin or coloredpaper This will cause our scanner to misreadinformation The paper should not have any stray linesstaples or holes

bull A List of Creditors and Mailing Matrix cover sheetshould accompany each mailing matrix submitted Thiscover sheet should not be stapled to the mailing matrixbut should be attached by a paper clip or a clamp These pages should not be hole punched

bull The mailing matrix must be typed in one of the followingstandard typefaces or font styles Courier 10 pitch or12 pitch on a word processor Prestige Elite 12 pitchLetter Gothic 10 pitch on a typewriter To ensure thescanner can read the matrix it must be printed from alaser quality printer or typewriter

bull Each creditorrsquos address must be single-spacedTriple-spaced between each address A margin of at leastone inch should appear at the top and bottom of eachpage

bull Each creditorrsquos address must consist of no more thanfive total lines including the creditorrsquos name streetaddress city state and zip code

bull No account numbers should be included on the matrix

Page 1 of 2

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 44: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

bull The city state and zip code must all appear together onthe final line of each creditorrsquos address The zip codeshould never be dropped down to a separate line Noother lines of address information should appear afterthe city state and zip code line

bull Commas must be placed between the city and state in theaddress

Page 2 of 2

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 45: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

Note that the Proof of Claim form1 as posted onhttpwwwuscourtsgovbkformsbankruptcy_formshtmlofficialcan be filled in using your computer In a chapter 7 case acreditor ought not file a proof of claim until the clerk givesnotice of a deadline to file a proof of claim often a chapter 7case is a so-called ldquono asset caserdquo in which there is nothing fora trustee to distribute to creditors and hence no proofs of claimare filed

ATTACHMENT E

Creditors (and Other Non-Debtor Parties)

Proceeding Pro Se (Without an Attorney)

Creditors (and other non-debtor parties) should be aware ofthe following points regarding proceeding pro se (that is withoutan attorney)

bull Filing of Papers by Corporations and Partnerships Corporations and partnerships generally may not filepapers in a bankruptcy case pro se and with certainexceptions listed below will need to obtainrepresentation by an attorney to file any papers SeeFind an Attorney (Sometimes Available for Free) Butany creditor (including a corporation or a partnershipthrough a non-attorney representative such as a memberofficer or employee) may file pro se any documents thatwould not constitute the practice of law including thefollowing documents or an amended version of suchdocuments

lt a Request to Receive All Notices under Fed RBankr P 2002(i)

lt a Proof of Claim (Official Form B10) (including anamended Proof of Claim)1

lt a withdrawal of a proof of claim

lt Notice of Transfer of Claim Other Than for Security(Directorrsquos Procedural Form B210)

lt an Application for Search of Bankruptcy Records(Directorrsquos Procedural Form B132)

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 46: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

lt a Request to Recover Unclaimed Funds [Considerposting a link here to

information on your Resources page re suchRequests as is found athttpwwwazbuscourtsgovdefaultaspxPID=77

a list of the requirements to obtain an orderdirecting payment of unclaimed funds as foundon the checklist re how to claim such onhttpwwwtxsbuscourtsgovreportsunclaimedfunds or onhttpwwwcobuscourtsgovucfunds_aasp and

a search vehicle for a creditor to findunclaimed funds owed it as onhttpwwwcobuscourtsgovucfunds_aasp]

lt a Reaffirmation Agreement and proposed Orderregarding that Agreement (see DirectorrsquosProcedural Form B240)

lt a ballot for voting on the election of atrustee

lt a ballot voting on a proposed plan in achapter 11 case (the plan proponent beingresponsible for mailing the ballot to thecreditor to cast a vote)

bull Participation by Corporations and Partnerships atthe Meeting of Creditors (the meeting at which thedebtor must appear and submit to an examinationunder oath under 11 USC sect 343)

lt Under 11 USC sect 341(c) and notwithstandingany other statute rule or state constitutionprovision to the contrary a creditor(including a corporation or partnership)holding a claim arising from a consumer debt(including a non-attorney representative ofsuch creditor such as an employee) must bepermitted to appear at and participate in themeeting of creditors in a case under chapter 7or 13 of the Bankruptcy Code

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 47: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

lt Under ___________ [insert a citation to yourgoverning LBR (or other law) here andhyperlink it to the same] [describe here whatthe LBR (or other law) says regardingappearing at and participating in the meetingof creditors in other instances not governedby sect 341(c)]

bull Even though they generally may not appear pro secorporations and partnerships may find that ourInformational Materials page has informativetopics including Frequently Asked Questions andBankruptcy Basics

bull Right of Creditor Who is an Individual to Appearand Participate in Case and to File Papers Acreditor who is an individual may pursue any matterpro se Even though an individual may appear prose that individual should consider whether toengage an attorney See Find an Attorney(Sometimes Available for Free) If you decide toproceed pro se on our Informational Materials page you may find of particular assistance FrequentlyAsked Questions Bankruptcy Basics Guides reFiling an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay

bull Although many creditors are able successfully toproceed pro se with respect to some of the moreroutine aspects of a bankruptcy case (such asfiling a proof of claim) you may wish to consultwith competent legal counsel before doing so (seeFind an Attorney (Sometimes Available for Free) inorder to make sure you are proceeding correctly(for example that you have correctly completed anyrequired form particularly if you do notunderstand the form)

bull Corporationsrsquo and Partnershipsrsquo Inability to FilePapers and Appear Pro Se in a Proceeding Brought Byor Against It In a proceeding pursued by you oragainst you (such as a motion for relief from theautomatic stay or an objection to your proof ofclaim) only individuals may appear pro se

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 48: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

lt A corporation or partnership may not appearpro se in a proceeding commenced by it in acase For example a corporation may not filea motion for relief from the automatic staypro se

lt Nor may a corporation or partnership appearpro se to defend against a proceeding broughtagainst it in a case and this includes bothfiling papers in the proceeding without anattorney and representing itself without anattorney at any hearing

lt For example it may not appear pro se todefend against an objection to its proof ofclaim (but it could file an amended proof ofclaim pro se to cure a defect that was thesubject of the objection to the proof ofclaim as such a filing is not considered aprohibited pro se appearance)

lt Although a corporation or partnership may notfile papers pro se in a proceeding broughtagainst it or appear pro se at hearings itmay without an attorney contact the opposingpartyrsquos attorney to discuss a settlement ofthe matter But the court encouragescorporations and partnerships to consult withcompetent legal counsel if in need of legaladvice See Find an Attorney (SometimesAvailable for Free)

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 49: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

1

ATTACHMENT F

Find an Attorney (Sometimes Available for Free)

[This is an Example Using the US Bankruptcy Court for Districtof Columbiarsquos Draft of a ldquoFind an Attorneyrdquo WebPage]

Only an attorney is qualified to give you legal advice So-called ldquopetition preparersrdquo or ldquodocument preparersrdquo are notauthorized to give debtors or other parties legal advice theirrole is strictly that of a typing service transcribing for aminimal fee the information a client provides but they are notqualified to give advice regarding what papers are legallyappropriate or what information legally is appropriate to includeon the papers The following are suggestions regarding finding anattorney

(1) The court and the clerkrsquos office cannot advise youregarding who would be a good attorney for you to employ But youcan come to the clerkrsquos office and review court files to see howwell an attorney has handled matters in other cases and to seethe fees a debtorrsquos attorney has charged in other cases You mayalso attend any hearings the court conducts to see how attorneyshandle cases at those hearings and the clerkrsquos office hasinformation regarding what hearings are scheduled

(2) The DC Bar has a webpage regarding How to Find and WorkWith an Attorney

httpwwwdcbarorgfor_the_publicworking_with_lawyersfindcfm

(3) The DC Bar offers free Advice and Referral Clinics atwhich you can obtain free advice regarding many legal problemsincluding debt collection problems landlord-tenant problems andbankruptcy

httpwwwdcbarorgfor_the_publicprograms_and_servicesadvicecfm

At such a clinic an individual may ask an attorney aboutbankruptcy (including asking the attorney for advice concerningcompleting papers the individual might file regarding a bankruptcy

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 50: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

case) In addition certain indigent debtors in need of theprotections of the bankruptcy laws may be referred to an attorneywho will file a case under chapter 7 of the Bankruptcy Code forfree Although such a debtor is responsible for filing fees thedebtor may be eligible for a waiver of such fees from the court

(4) The American Bar Associationrsquos websitehttpwwwabanetorglegalservicesfindlegalhelphomecfm isanother possible starting point for finding an attorney and itoffers information regarding dealing with an attorney It listslinks for finding an attorney for each state

(5) The website httpwwwlawhelporg posts someinformation regarding locating attorney help for free

(6) Besides the DC Barrsquos free Advice and Referral Clinicsthere are three other programs in the District of Columbia thatmay provide free legal representation regarding bankruptcy

(a) The Neighborhood Legal Services Program -Southeast Telephone Number 202-399-1346 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(b) The Neighborhood Legal Services - Headquarters Telephone Number (202) 269-5100 may offer freerepresentation regarding debt collection problems andbankruptcy According to LawHelporg website this programimposes income guidelines for who is eligible for free helpyour familys income should be at or below 1250 of thepoverty level

(c) The Archdiocesan Legal Network of CatholicCharities Telephone Number (202)628-4263 (or (202)772-4325for Spanish) may place you with an attorney who willrepresent you for free regarding debt collection problems orbankruptcy

Other so-called legal service providers may refer certain indigentdebtors to the DC Barrsquos program for providing a debtor free

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 51: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

representation in a case under chapter 7 of the Bankruptcy Codeand some may provide representation to indigent individuals(whether a debtor or a creditor) with respect to a litigatedmatter in the bankruptcy court

(7) If you are indigent and need legal representation topursue or defend against a proceeding within the bankruptcycase you may be eligible for free representation (and the programis available both for debtors and non-debtor parties) Contactthe clerkrsquos office for the form to use to request suchrepresentation

Examples of proceedings to which this program applies are

bull an adversary proceeding complaint brought against thedebtor to determine the dischargeability of a particulardebt or an adversary proceeding complaint that thedebtor needs to pursue to determine the dischargeabilityof a student loan debt

bull an adversary proceeding complaint to deny the debtor adischarge or to revoke a discharge

bull an adversary proceeding complaint to recover a judgmentagainst an individual such as

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having allegedly receivedproperty from the debtor for inadequateconsideration

lt a bankruptcy trusteersquos or debtorrsquos complaintagainst someone for having received payment of adebt that gave the creditor preferential treatmentin comparison to other creditors

bull a motion by the debtor to avoid a lien that impairs thedebtorrsquos exemptions

bull an objection to the debtorrsquos exemptions

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 52: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

bull a motion to hold a creditor in contempt for violatingthe automatic stay co-debtor stay or dischargeinjunction

bull an adversary proceeding to enjoin someone fromundertaking certain acts in the future

This program does not include pursuit of or defense against amotion for relief from the automatic stay

(8) Another website page listing some (but not all) of thepro bono programs (programs providing representation by anattorney for free) relating to bankruptcy is Penn Statersquos Pro BonoBankruptcy Catalog At the time of preparation of thisinformation it did not include any pro bono programs in DC

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 53: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT G

Informational Materials Regarding Bankruptcy (Guides to Basics of

Bankruptcy Statutes Forms Rules Checklists Filing Fees)

Individuals unfamiliar with the bankruptcy process inaddition to the other topics on this courtrsquos web page Informationfor Parties Who Have No Attorney may find the following materialsuseful

bull In Debt the Federal Trade Commissionrsquos web pagehttpwwwftcgovbcpmenusconsumercreditdebtshtmfor individuals having debt problems

bull Guidance re bankruptcy

Filing for Bankruptcy Without an Attorney

Bankruptcy Basics (copy available at clerkrsquos office)which includes for example

lt The Bankruptcy Discharge

lt Descriptions of the Different Chapters UnderWhich a Debtor May File

Chapter 7

Chapter 11

Chapter 12

Chapter 13

lt Glossary of Bankruptcy Terminology

Courtrsquos Own Guide to Bankruptcy [a Guide to Bankruptcyof the courtrsquos choosing and you may wish to enlist thelocal bar in preparing a guide) Here are examples

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 54: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

lt Guidelines amp Requirements to Assist Pro Se Debtorspublished by the Northern District of Florida athttpwwwflnbuscourtsgovpro_seDefaultaspx

lt Personal Bankruptcy Is It Right For You(Publication of the City Bar Justice Center) athttpwwwnyebuscourtsgovfiling_wo_attyhtml

lt A more detailed guide is the District of MarylandrsquosDebtor Assistance Manual found athttpwwwmdbuscourtsgov under ldquoFilingResourcesrdquo and then under ldquoPro Se Manualrdquo

lt A similar set of guides are the informationalpamphlets for pro se debtors found on the Districtof Arizonarsquos website athttpwwwazbuscourtsgovdefaultaspxPID=79]

Directorrsquos Form B200 (checklists re filing requirementsfor different chapters) (copies available at ClerkrsquosOffice)

Other Directorrsquos Procedural Forms) (copies available atClerkrsquos Office)

Directorrsquos Interim Guidance Regarding Tax InformationUnder 11 USC sect 521 (Sept 20 2005)

Frequently Asked Questions [See

httpwwwflmbuscourtsgovfaqhtm and

httpwwwazbuscourtsgovdefaultaspxPID=14

The latter one usefully has separate sections for DebtorFAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Deb

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 55: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

3

and Creditor FAQs

httpwwwazbuscourtsgovdefaultaspxPID=14Cre

Similarly see httpwwwcobuscourtsgovfaqsaspwhich lists General FAQs Debtor FAQs and CreditorFAQs

Or the frequently asked questions may instead appearunder a different title like Information for Pro SeCreditor etc as onhttpwwwflsbuscourtsgovPro_SePro_sehtml]

Information re Obtaining Tax Returns See Obtaining TaxRecords on the EDNY website

Filing Amended Papers - [Post here guidance re FilingAmended Papers (particularly amended schedules amendedlists of creditors and an amended mailing matrix andthe fee required)]

Guides re Filing an Adversary Proceeding and re Filing aMotion for Relief From the Automatic Stay [SeehttpwwwazbuscourtsgovdefaultaspxPID=78 andsingle click on ldquoCreditor Helprdquo and then single click onldquoReference Materialsrdquo]

Guide to Pro Se re How to Prepare and File an Answer [SeehttpwwwcacbuscourtsgovcacbwelcomensfRedirect20PublicCounsel20Answer20InstructOpenPage and click onthe ldquohererdquo link there]

Reaffirmation Agreements - [Post here guidance rerequirements governing reaffirmation agreements and therequirement for the debtor to appear at a hearing toaddress whether the reaffirmation agreement should beapproved if the debtor is proceeding without anattorney description of legal consequences warningthat reaffirmation is not required by law One set of

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 56: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

4

guidance Reaffirmation Hearing Informational Package isfound at httpwwwcacbuscourtsgov underInformation then Debtor Assistance Program]

Filing Fees [we assume you already have a page re that]

Video re Bankruptcy Seehttpwwwflmbuscourtsgovbankruptcybasicsdefaulthtm See also httpwwwmdbuscourtsgov under thetopic ldquoFiling Resourcesrdquo and its subtopic ldquoPro SeVideordquo

bull Statutes rules forms and free legal research

Accessing Legal Research for Free (Cornell UniversityrsquosLegal Information Institute)

[Post here a link to a list of libraries that can beused for free for legal research]

[The links below to statutes rules and forms areeither from Cornell Universityrsquos Legal InformationInstitute or the uscourtsgov website]

Bankruptcy Code (Title 11 US Code)

Title 28 US Code including

Part I Chapter 6 - Bankruptcy Judges (28 USC sectsect151 to 159) (including referral of cases andproceedings to the Bankruptcy Court and review ofBankruptcy Court decisions)

28 USC sect 1334 (jurisdiction over bankruptcycases and proceedings)

28 USC sect 1408 (venue of bankruptcy cases)

28 USC sect 1409 (venue of proceedings arisingunder the Bankruptcy Code or arising in or relatedto bankruptcy cases)

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 57: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

5

Federal Rules of Bankruptcy Procedure

Interim Rules of Bankruptcy Procedure (Oct 1 2006)(adopted by each bankruptcy court to implement the 2005amendments to the Bankruptcy Code - the CornellUniversity website does not include the Interim Rules)

Official Forms

Local Rules [Post a link here to your Local BankruptcyRules]

Local Forms [Post a link here to your Local Forms andhighlight for pro ses forms they frequently would usesuch as

Forms re payment advices see Declaration ofEvidence of Payments Form onhttpwwwazbuscourtsgovdefaultaspxPID=73 ]

Federal Rules of Evidence (governing what evidence thecourt can receive in a trial)

State Constitutions and Codes State laws often play arole in determining rights in a bankruptcy case

bull State law often defines property rights (forexample what the debtor owns and which thus maybecome property of the bankruptcy estate) and muchof that law is statutory The statutes governingproperty rights when [insert name of state] lawapplies are found in the [insert link to statecode] Other statesrsquo statutes may be found athttpwwwlawcornelledustateslistinghtml (But property rights may also be based ondecisional law Some of the decisions of the[insert name of state appellate court(s)] areavailable online at athttpfattylawcornelledustateslistinghtml Other courts may also have issued decisions on[insert name of state] property law questions)

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 58: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

6

bull State law may play a role in the exemptions adebtor claims

lt A debtor may be able to claim exemptionsunder nonbankruptcy Federal law and underapplicable State law Section 522(b) ofthe Bankruptcy Code (11 USC sect 522(b))controls what exemptions a debtor mayelect and in the case of a debtor whoelects nonbankruptcy law exemptionswhich Statersquos exemption provisions may beinvoked (subject to certain limitationsspecified in sect 522(b)) If the debtorelects nonbankruptcy law exemptions thenexemptions under both the applicableStatersquos law and under Federalnonbankruptcy law may be claimed

lt If the debtor elects nonbankruptcy lawexemptions and those exemptions includeexemptions under [insert name ofdistrictrsquos state] law the most oftenutilized exemptions are those found in[post link to principal exemptionstatute] But other exemptions under[insert name of state] law include[insert list] and the United States Codemay provide additional exemptions as inthe case of Social Security payments (42USC sect 407)

[End of Informational Materials Page]

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 59: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

As mentioned elsewhere on this website the court has1

prohibited the clerkrsquos office and the chambers staff of the courtrsquosjudges from giving legal advice For example they cannot

lt Explain the meaning of a particular statutory provision orrule

lt Give an interpretation of case law lt Explain the result of taking or not taking action in a caselt Help you complete forms or advise you regarding what is

legally required when a form elicits information from yoult Tell you whether jurisdiction is proper in a case lt Tell you whether a complaint properly presents a claim lt Provide advice on the best procedure to accomplish a

particular goal lt Apply a rule or statute lt Explain who should receive proper notice or service

The judge in a case cannot give you legal advice or assist you in thecase The judgersquos job is to supervise and administer the entire caseand to resolve disputes between the parties and the judge must remainimpartial (not lean in favor of one side) You cannot engage in so-called ex parte communications with the judge (meaning only youcommunicating with the judge)

lt You cannot contact the judge to have a conversation aboutthe case

lt When you file a paper seeking some form of relief from ajudge you must serve any person who might be adverselyaffected were the relief granted or who might otherwise beinterested in the matter

ATTACHMENT H

List of Assistance That is Available at the Clerkrsquos Office

The Clerkrsquos Office is prohibited from giving legal advice1

At the Clerkrsquos Office however you may examine copies of thefollowing materials

lt the Bankruptcy Code (tile 11 US Code)

lt provisions of title 28 US Code (governing such thingsas jurisdiction and fees)

lt Federal Rules of Bankruptcy Procedure

lt Official Bankruptcy Forms

lt Local Bankruptcy Rules and Local Forms

lt computers to retrieve the electronic docket sheet foreach bankruptcy case and proceeding to review papersfiled in bankruptcy cases and adversary proceedings

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 60: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

2

lt eventually computers with access limited to certainwebsites having information pertinent to bankruptcy(such as wwwuscourtsgov)

lt copies for a fee of official forms

lt a video regarding the bankruptcy process

All of that information is accessible on the courtrsquos websitefor free under Informational Materials (other than examiningfilings in bankruptcy cases and proceedings) The informationavailable elsewhere on the courtrsquos website may be more extensivethat what is available at the Clerkrsquos Office because internetaccess is restricted at the Clerkrsquos Office

For information regarding the Clerkrsquos Officersquos hours ofoperation telephone numbers etc go to [post link here to thepertinent page]

If in supply copies of the Local Bankruptcy Rules and LocalForms may be obtained at the Clerkrsquos Office

[End of List of Assistance That

is Available at Clerkrsquos Office]

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 61: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT 2

EXAMPLE OF NOTICE ISSUED AT THE OUTSET OF THE CASE

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 62: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F1

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor must file with the court a record of any interest that a debtor has in an educational individual retirement2

account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) or under a qualified State tuition program (asdefined in section 529(b)(1) of the Internal Revenue Code of 1986) A debtor who has no interest in an account or program of

this type may satisfy the requirements of sect 521(c) by filing a statement to that effect on the courts docket [Post here

information re availability at clerkrsquos office or on website of form to utilize]

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect on

the courts docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

This courts local rules require that the debtor(s) also file a certificate of service reflecting the mailing of the plan4

and notice of the opportunity to object to confirmation of the plan within five days of the filing of the plan See Local Bankr R30151(b) and 50051(h) Templates conforming to the courts suggested format for all chapter 13 plans are available at theoffice of the clerk of the court and (as a pdf document with interactive fields) on the courtrsquos website at under thelink Forms amp Publications

NTCRDO13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

NOTICE OF DEADLINE FOR FILING REQUIRED DOCUMENTS

The following documents required by the Bankruptcy Code and the Federal Rules of BankruptcyProcedure have not yet been filed

G Schedules AJ (Official Form 6)1 G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Statement of Financial Affairs (OfficialForm 7)

G Records of the Debtors Interests in anAccount or Program of the Type Specifiedin

11 USC sect 521(c)Statement That NoInterests Exist2

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That No

Evidence of Payment Exists3

G Chapter 13 Plan4

The missing documents indicated above must be filed by _________ to comply with the Federal Rules ofBankruptcy

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 63: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

Procedure Failure to file the missing documents within fifteen (15) days of the petition datemay result in dismissal of this case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 64: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

ATTACHMENT 3

EXAMPLE OF ORDER ISSUED WHEN THE DEBTOR

FAILS TO FILE REQUIRED PAPERS BY DAY 15 OF THE CASE

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65
Page 65: ASSISTING PRO SE PARTIES IN BANKRUPTCY CASES May 28, … · Thinking of Filing a Bankruptcy Petition. That topic would, once again, mention the prepetition credit counseling requirement

Section 521 of the Bankruptcy Code lists the general duties of the debtor(s) in this case including the duties of1

the debtor(s) to file certain specified documents See 11 USC sect 521(a) If any documents required by sect 521(a)(1) are not filedwithin fortyfive (45) days of the petition date sect 521(i) requires that the case be treated as having been dismissed automaticallyon the fortysixth day after the filing date (with one exception that is generally unavailable) Section sect 521(i)(3) permitsextension of the deadlines set forth in sect 521(i)(1) by an additional fortyfive (45) days upon request of the debtor The requestmust be made before the initial fortyfive (45) day period expires and generally will be awarded only where there areextraordinary circumstances warranting relief If the point is reached that sect 521(i) requires automatic dismissal the court mayissue an order reciting that the case has been automatically dismissed

All Official Forms are available at httpwwwuscourtsgovbkformsbankruptcy_formshtml If schedules D E or F2

are filed after the mailing matrix and list of creditors are filed the debtor(s) must file either an amended mailing matrix and list ofcreditors or a certification that no changes have been made to the mailing matrix Finally the debtor(s) must pay a $2600 fee ifthe schedules require the filing of an amended mailing matrix and list of creditors to add or delete a creditor

A debtor who has received no payment advices or other evidence of payment from an employer within the sixty (60)3

days preceding the filing of the petition may satisfy the requirements of sect 521(a)(1)(B)(iv) by filing a statement to that effect onthe courtrsquos docket [Post here information re availability at clerkrsquos office or on website of form to utilize]

OFLCH13 (1106) United States Bankruptcy Court for the

[Insert District]

[Add Address Telephone No and website]

In Re Josephine Bonaparte Case No 0800001

Chapter 13

ORDER TO FILE MISSING DOCUMENTS

The following documents required by 11 USC sect 521(a)(1) and Interim Fed R Bankr P 10071

have not yet been filed

G Schedules AJ (Official Form 6) G Statement of Financial Affairs (Official2

Form 7)

G Statement of Current Monthly Income andMeans Testing Application (Official Form22C)

G Copies of All Payment Advices or OtherEvidences of PaymentStatement That NoEvidence of Payment Exists3

The petition date in this case was 1208 Accordingly the missing documents indicated abovewere due by 01172008 pursuant to Interim Fed R Bankr P 1007 It is therefore

ORDERED that the missing documents indicated above be filed by 02022008 Failure to filethe missing documents within fifteen (15) days of the entry of this order may result in dismissal ofthis case

Dated For the Court

Clerk of Court

By ____________

Copies to Debtor(s) Attorney for the Debtor(s) (if any)

  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
    • INTRODUCTION
      • Page 6
      • Page 7
      • Page 8
      • Page 9
      • Page 10
      • Page 11
      • Page 12
      • Page 13
      • Page 14
      • Page 15
      • Page 16
      • Page 17
      • Page 18
      • Page 19
      • Page 20
        • MODEL WEBSITE PAGE FOR PRO SE PARTIES
        • INFORMATION FOR PARTIES WHO HAVE NO ATTORNEY
          • Page 21
            • Table of Contents
              • Page 22
                • Notice to All Debtors
                  • Page 23
                    • Obtaining Credit Counseling
                      • Page 24
                      • Page 25
                        • Example of
                          • Page 26
                            • General Warning to Parties Proceeding Without an Attorney
                              • Page 27
                              • Page 28
                                • Special Warning to a Debtor
                                  • Page 29
                                  • Page 30
                                  • Page 31
                                  • Page 32
                                    • Table Regarding Availability
                                      • Page 33
                                        • General Warning to Debtors Regarding Proceeding Pro Se (Without
                                        • Warning to Debtors Who Pro Se (Without an Attorney) Regarding the
                                          • Page 34
                                          • Page 35
                                          • Page 36
                                          • Page 37
                                            • Meeting of Creditors
                                              • Page 38
                                              • Page 39
                                              • Page 40
                                              • Page 41
                                                • 1
                                                • 2
                                                • 3
                                                • 4
                                                • LIST OF CREDITORS AND MAILING MATRIX
                                                  • Page 42
                                                  • Page 43
                                                    • MAILING MATRIX GUIDELINES
                                                      • Page 44
                                                      • Page 45
                                                        • ATTACHMENT E
                                                        • Creditors (and Other Non-Debtor Parties)
                                                          • Page 46
                                                          • Page 47
                                                          • Page 48
                                                          • Page 49
                                                            • Find an Attorney (Sometimes Available for Free)
                                                              • Page 50
                                                              • Page 51
                                                              • Page 52
                                                              • Page 53
                                                                • Information Regarding Bankruptcy (Guides to Basics of Bankruptcy
                                                                • Informational Materials Regarding Bankruptcy (Guides to Basics of
                                                                • Guide to Bankruptcy
                                                                  • Page 54
                                                                    • Frequently Asked Questions
                                                                      • Page 55
                                                                        • Guides re Filing an Adversary Proceeding and re Filing a
                                                                          • Page 56
                                                                          • Page 57
                                                                          • Page 58
                                                                          • Page 59
                                                                            • List of Assistance That is Available at the Clerktrades Office
                                                                              • Page 60
                                                                              • Page 61
                                                                                • ATTACHMENT C
                                                                                  • Page 62
                                                                                  • Page 63
                                                                                  • Page 64
                                                                                    • ATTACHMENT D
                                                                                      • Page 65