Bankruptcy Blog

Re: Additional Creditors
Dear [Debtor/Joint Debtor]:
I received your request to add a new creditor(s) to your bankruptcy petition. In order to add a new creditor the debt must have been incurred before the bankruptcy was filed, and you must pay $26.00 which is required by United States Bankruptcy Court in order to amend your bankruptcy [...]

Re: Meeting of Creditors and First Payment
Dear [Debtor/Joint Debtor Name]
By now you should have received notice from the United States Bankruptcy Court that your Meeting of Creditors will be held on [General|Date of First 341] at 2:00 P.M.. Although your notice from the United States Bankruptcy Court states that the meeting starts at [...]

There is a choice of filing a chapter 7 or a chapter 13 bankruptcy. The chapter 7 is a way to discharge unsecured debts, meaning credit cards or medical bills. the chapter 7 will not help you keep the car or house that you have fallen behind on. The number 1 reason people file a [...]

When the mortgage company filed a motion for relief for failure to make payment the proof to dispute the motion is on the Debtor. This means the Debtor must provide proof of payments to the mortgage company. Of course, it is the responsibility of the mortgage company to provide a current pay history [...]

Below is an example of the body of an affidavit for a Motion to Lift Stay for a house.
BEFORE ME, the undersigned authority, on this day appeared the undersigned, DEBTOR SIGNING AFFIDAVIT in this proceeding, who after being duly sworn stated:
I.
“I am the undersigned and named Debtor in a Motion to Lift Stay filed herein. [...]

When a Debtor falls behind on the house payment or car payment, the creditor will file a Motion to Lift the Automatic Stay. This is usually done when the Debtor is behind 45-60 days. The motion allows the Debtor (through the attorney) to file a response to the motion and attend a hearing.
Most [...]

Date
Debtor Name & Address
Re: Creditor Name
Dear Mr. & Mrs. :
Creditor Name has advised our office of their intention to file a Motion for Relief from Automatic Stay with the Bankruptcy Court, in order to begin foreclosure proceedings on your home. Creditor Name claims you are past due in your mortgage payments for the months of, [...]

More people are turning to chapter 13 bankruptcy to help them with their credit card debts. They have either tried Credit card counseling, or some form of debt settlement. With either one of these methods the credit cards have to agree and that is were the problem come in.
With the chapter 13 the credit cards [...]

UNITED STATES BANKRUPTCY COURT
IN RE: § CASE NO.
§
Debtor §
§
§ Pre-hearing date: 00/00/07
§
DEBTOR §
DEBTOR’S APPLICATION FOR A HARDSHIP DISCHARGE
TO THE HONORABLE JUDGE OF SAID COURT:
The Debtor, by his counsel, hereby applies for a hardship discharge pursuant to 11 U.S.C. §1328(b). In support of this application he avers that:
1. This chapter 13 plan was filed on
2. The Debtor’s chapter 13 plan [...]

Re: Unlawful Collection
Debtor(s) Names:
Bankruptcy Case Number: 00-00000
Account Number: ********
Dear Sir or Madam:
I represent above named debtor(s) in a Chapter 7 Bankruptcy proceeding. We have included the debt owed to your organization in that Bankruptcy Petition and a copy was mailed to you on 0/00/2007. This debt has been discharged by the United States Bankruptcy [...]