Professional Documents
Culture Documents
SAMPLE PREVIEW
Contents include:
TX-BANKR
Disclaimer
U.S. Legal Forms, Inc. does not provide legal advice. The
products offered by U.S. Legal Forms (USLF) are not a
substitute for the advice of an attorney.
SAMPLE PREVIEW
TX-BANKR
creditors are either paid and the security retained by the debtor,
or the security is returned or abandoned to the secured creditor
and the debt is not paid. Regardless of assets, the debtor is
allowed to retain certain exempt property if no creditor holds a
security interest in the property. If you owe a secured debt you
cannot exempt the property and avoid the debt, but you can
exempt the equity.
The primary purpose of a Chapter 7 bankruptcy is to discharge
certain debts to give an honest individual debtor a fresh start.
To accomplish this, unsecured debts are generally discharged.
However, the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (the "2005 Act") makes it more difficult
to pursue a Chapter 7 bankruptcy. Beginning October 17, 2005,
you may not file bankruptcy under Chapter 7 as a consumer or
business if you are deemed capable of paying your creditors
based on new criteria known as the means test. The means test
compares your excess monthly income and your amount of debt
to which you did not pledge any property or collateral for the
loan (unsecured debt) to determine how much you can pay your
creditors. After application of the means test, only those deemed
incapable of paying their debts will be allowed to proceed with a
Chapter 7 (discharge) bankruptcy. Those deemed capable of
paying will either have their case dismissed or converted to a
Chapter 13 (repayment plan) bankruptcy.
SAMPLE PREVIEW
Procedures
The debtor files a petition with the Bankruptcy Court serving the
area where the individual lives or where the business debtor has
its principal place of business or principal assets. A husband and
wife may file a joint petition. Schedules and statement of
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (3 of 41)5/31/2014 8:55:39 PM
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
Discharge
A discharge releases the debtor from personal liability for
discharged debts and prevents the creditors owed those debts
from taking any action against the debtor or his property to
collect the debts. In most cases, unless a complaint has been filed
objecting to the discharge or the debtor has filed a written
waiver, the discharge will be granted within 60 to 90 days after
the date first set for the meeting of creditors. Under the 2005
Act, however, you must undergo a court-approved personal
financial management education program in order to receive a
discharge.
Prior to the 2005 Act, bankruptcy law prohibited you from
receiving a discharge from your debts under Chapter 7 if you
received a prior discharge within six years of your new filing.
Under the new law, you cannot receive a discharge under
Chapter 7 if you received a prior discharge within eight years of
the new filing.
SAMPLE PREVIEW
TX-BANKR
the obligation.
A discharge under Chapter 7, however, does not discharge (1)
alimony and child maintenance and support obligations -- and,
under the 2005 Act, divorce property settlements, (2) certain
taxes, (3) debts for certain educational benefit overpayments or
loans made or guaranteed by a governmental unit -- and the 2005
Act makes any student loan nondischargeable, (4) debts for
willful and malicious injury by the debtor to another entity or to
the property of another entity, (5) debts for death or personal
injury caused by the debtor's operation of a motor vehicle while
the debtor was intoxicated from alcohol or other substances, or
(6) debts for criminal restitution orders under title 18, United
States Code. The presumption for nondischargeability for fraud
in the use of a credit card is expanded by the 2005 Act, which
likewise provides more scrutiny to transfer of assets to trusts
within 10 years of filing the petition. To the extent that these
types of debts are not fully paid in the Chapter 7 case, the debtor
is still responsible for them after the bankruptcy case has
concluded.
SAMPLE PREVIEW
Debt Reaffirmation
If you desire to retain secured property and pay the debt you may
keep possession and "reaffirm" the debt. Generally, to reaffirm,
you must be current in payments and keep payments current.
This is often used with an automobile or real estate. Some
creditors will reaffirm the debt for less than the amount owed but
they are not required to do so. Courts may require that the debt
be reaffirmed to keep the property, or allow the debtor to retain
the property as long as the debtor pays the debt to the creditor
without a reaffirmation.
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (8 of 41)5/31/2014 8:55:39 PM
TX-BANKR
SAMPLE PREVIEW
Chapter 13 Bankruptcy Information
Chapter 13 is for persons with a regular income, who desire to
pay debts over a period of time under the supervision of the
Court. Under this chapter, debtors are permitted to repay
creditors, in full or in part, in installments generally over a fiveyear period (extended from three years by the 2005 Act), during
which time creditors are prohibited from starting or continuing
most collection efforts. The 2005 Act, due to the "means test" for
all attempted Chapter 7 bankruptcies, will force some Chapter 7
filings to be converted to Chapter 13.
If you are an individual with regular income from your job,
benefit payments or rental income, your secured debt is less than
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (9 of 41)5/31/2014 8:55:39 PM
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
attend and ask questions. All debtors must attend or the case may
be dismissed. The trustee may ask questions to make sure that
you understand bankruptcy and that you have disclosed all assets
and debts. Questions about your ability to make the plan
payments may also be asked.
Unsecured creditors who have claims against the debtor must file
their claims with the court within 90 days after the first date set
for the meeting of creditors.
The Chapter 13 "Plan"
After the meeting of creditors is concluded, the bankruptcy judge
must determine at a confirmation hearing whether the plan is
feasible and meets the standards for confirmation set forth in the
Bankruptcy Code. Creditors may object to confirmation.
SAMPLE PREVIEW
TX-BANKR
SAMPLE PREVIEW
Case Closed
TX-BANKR
SAMPLE PREVIEW
i.
Notice to Individual Debtor with Primarily Consumer Debts (Section
342(b))
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (14 of 41)5/31/2014 8:55:39 PM
TX-BANKR
Download pdf
File Name: US-B-201AB - Last Revised (A:11/11, B:12/09).
- Informational Notice to the debtor. Must be signed by the debtor (and non-attorney
petition preparer, if any) and filed with the bankruptcy petition or within 15 days.
1.
Voluntary Petition
Download doc | Download pdf
- View Completed Examples: Chapter 7 - doc Chapter 13 - doc
View Official Instructions (if any) and/or Committee Notes (if any) - pdf
File Name: US-BKR-F1 - Last Revised 4/13 .
- The voluntary bankruptcy petition provides the bankruptcy court with information about
you and the debts that you owe. When you file a voluntary petition, you are voluntarily
seeking relief under the Bankruptcy Code. The filing of the petition operates automatically
to invoke the stay. You will be asked to provide information concerning your assets, the
location of your principal assets, the nature of your debts, and the amount of your estimated
debts. Be prepared to list all names that you have used within the last eight years. If you are
filing a joint petition with your spouse, he/she must also include a current mailing address, a
social security number or tax identification number, and all names he/she has used within
the last eight years.
SAMPLE PREVIEW
Exhibit "A"
Download doc | Download pdf
View Official Instructions - See Form1 instructions.
File Name: Exh.A - Last Revised 9/97.
- Exhibit "A" must be completed as an attachment to the the bankruptcy form if you are
required to file periodic reports with the Securities Exchange Commission pursuant to
Section 13 or 15(d) of the Securities Exchange Act of 1934 and you are requesting relief
under chapter 11 of the Bankruptcy Code. If any of your securities are registered under
Section 12 of the Securities Exchange Act of 1934, you must list the SEC number. You are
also required to give a brief description of your business and list the names of any person
who directly or indirectly owns, controls, or holds, with power to vote, a certain percentage
of your voting securities.
Exhibit "C"
Download doc | Download pdf
View Official Instructions - See Form1 instructions.
File Name: Exhibit C - Last Revised 9/01.
TX-BANKR
You must complete Exhibit "C" if you own or possess property that poses or is alleged to
pose a threat of imminent and identifiable harm to the public health or safety. You are
required to identify and briefly describe the property. You must also describe the nature and
the location of the dangerous condition, whether environmental or otherwise.
-
Exhibit "D"
Download pdf
View Official Instructions - See Form1 instructions.
File Name: Exhibit D - Last Revised 12/09.
- Individual debtors may not be aware of the requirement to obtain
prepetition credit
counseling, the few and very narrow exceptions to that requirement, or the potentially dire
consequences to their efforts to obtain bankruptcy relief if they fail to complete the
requirement. Accordingly, page 2 of the petition instructs individual debtors to attach a
completed Exhibit D and makes it clear that each spouse in a joint case must complete and
attach a separate Exhibit D. Exhibit D itself includes a warning about the requirement to
obtain counseling and the consequences of failing to fulfill this requirement. It further
provides checkboxes and instructions concerning the additional documents that are required
in particular circumstances, in order to minimize the number of cases which the court must
dismiss for ineligibility.
SAMPLE PREVIEW
bankruptcy case,
this form must be filed by the attorney - see official instructions attached to the form.
agent of a corporation or a
partnership, you must complete this form. The form verifies that you have read the
described materials and that the information stated in in the document(s) is true and correct
to the best of your knowledge and belief
3A.
TX-BANKR
3B.
4.
SAMPLE PREVIEW
Chapter 7 or 13.
- Use this form only if you are filing a chapter 11 or chapter 9 case. This form will represent
a listing of your 20 largest unsecured claims. You must list the following information about
each creditor: Name and address of the creditor, the name and address of a person who may
be contacted concerning your debt with the creditor, the nature of the claim, and the amount
of the claim.
5.
- An involuntary petition may be filed against you by your creditors. Involuntary bankruptcy
is beyond the scope of this package.
6.
Schedules
Download pdf
File Name: US-BKR-F6 - Last Revised 12/07.
TX-BANKR
- This page lists the various schedules which you will need. You are encouraged to review
the specific instructions for each schedule before you complete the schedule.
Summary of Schedules
Download pdf
File Name: US-BKR-F6CS - Last Revised 12/13.
- Use this form to indicate whether the listed schedules are attached and state the number of
pages in each. Also, remember to report the totals from Schedules A, B, D, E, F, I and, J in
the boxes provided. Add the amounts from Schedules A and B to determine the total amount
of your assets. Add the amounts from Schedules D, E. and F to determine the total amount
of your liabilities.
-Use this Schedule A to list all real property which you have any legal, equitable, or future
interest. This includes all property owned as a cotenant, community property, or in which
the debtor has a life estate. Do not include any interest you may have in executory contracts
and unexpired leases on this particular schedule. Executory contracts and unexpired leases
should be listed on Schedule G.
SAMPLE PREVIEW
- Use Schedule B to list all of your personal property. If you don't own property in a listed
category, place an "x" in the appropriate column labeled "None." If property is being held
for you by someone else, state the person's name and address under "Description and
Location of Property."
- Use Schedule C in order to elect certain exemptions. Exemptions may be claimed under 11
U.S.C. section 522(b)(1) and 11 U.S.C. section 522(b)(2). You must list a description of the
property, specify the law providing the exemption, the value of the claimed exemption, and
the current market value of the property without deducting the exemption.
TX-BANKR
- Use Schedule D to list creditors holding secured claims. State the name, mailing address,
and account number of all creditors holding claims secured by any property you own as of
the date of filing of the petition. If any other entity other than a spouse in a joint case may be
jointly held liable on a claim, place an "x" in the column labeled "Codebtor."
- Use Schedule E to list all creditors holding unsecured priority claims. Check the
appropriate boxes to indicate if claims in that particular category are listed on subsequent
attached sheets. There is also a box for you to check if you have no creditors holding
unsecured priority claims.
SAMPLE PREVIEW
- Use Schedule F to list creditors holding unsecured nonpriority claims. You must list the
following information on Schedule F: Name and address of the creditor, the date the claim
was incurred, and and the amount of the claim. You may use the provided check box if you
have no creditors holding unsecured nonpriority claims.
- Use Schedule G to list executory contracts and unexpired leases. Describe all executory
contracts and unexpired leases of real or personal property. Include any timeshare interests
you may have. Be aware that a party listed on Schedule G will not receive notice of the
filing of your case unless the party is also scheduled in the appropriate schedule of creditors.
Schedule H - Codebtors
Download doc | Download pdf
View Official Instructions (if any) and/or Committee Notes (if any) - pdf
TX-BANKR
File Name:
- Use Schedule H to list all codebtors. If you live in a community property state, and you are
not filing a joint case with your spouse, you must still list the name and address of your
spouse on this schedule. Be sure to include all names used by your spouse during the past
six years immediately preceding the commencement of your case.
- Use Schedule I to list your current income and the income of other individual debtors. List
your occupation, the name of your employer, how long you have been employed in your
current position, and the address of your employer. The column labeled "Spouse" must be
completed in all cases filed by joint debtors and by a married debtor in a chapter 12 or 13
case whether or not a joint petition is filed, unless the spouses are separated and a joint
petition is not filed.
SAMPLE PREVIEW
- Use Schedule J to list your current expenditures and the expenditures of other individual
debtors. You will complete Schedule J by estimating your average monthly expenses and
the expenses of your family. Pro rate any payments made biweekly, quarterly, semiannually, or annually to show the monthly rate.
7.
TX-BANKR
- This form must be completed by every debtor. Some of the information you are required to
list is as follows: Income from employment or the operation of a business; income you
received other than from employment or the operation of a business; payments to creditors;
suits and administrative proceedings; repossessions and foreclosures; and assignments and
receiverships.
8.
- Your statement of intention verifies that you (as the debtor) have filed a schedule of assets
and liabilities, which includes consumer debts secured by the property of the estate. This
statement also discusses what you intend to do with the property of the estate which secures
the consumer debts. You must list the property to be retained and the property to be
surrendered. For property you intend to retain, give a description of the property, the
creditor's name, if the property is claimed as exempt, if the property will be redeemed, or if
the debt will be reaffirmed.
21.
SAMPLE PREVIEW
Download pdf
- The Statement of Social Security Number(s) is used to verify the social security number(s)
of the debtor and the joint debtor (if applicable). There are also check boxes on the form for
debtors and joint debtors who do not have social security numbers.
TX-BANKR
22B.
SAMPLE PREVIEW
TX-BANKR
documents, but
presumably must be completed by a Chapter 13 debtor and included with the filing. Not
needed for Chapter 7 bankruptcies.
SAMPLE PREVIEW
- The debtor(s) certifies that the mailing list is one of the following: the first
matrix in this case; entities are being added not listed on previously filed
mailing lists; changes or corrected names and addresses on previously filed
mailing lists(s); or deleted names and addressed on previously filed mailing
lists.
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (23 of 41)5/31/2014 8:55:39 PM
TX-BANKR
2. Reaffirmation Agreement
Download doc | Download pdf
File Name: Form LBF 4008-l. For use in Chapter 7 or Chapter 13.
- You will use this document to reaffirm a debt. The agreement gives up any
protection of your bankruptcy discharge for the debt.
Sample Forms
1.
Chapter 13 Plan
Download doc | Download pdf
File Name: Chapter 13 Plan- For use in Chapter 13.
- You will use this document to present a payment plan to the court for
payment of certain debts. The form lists your creditors and the amount you
propose to pay them on a monthly basis.
SAMPLE PREVIEW
Mailing Matrix Requirements: A creditor mailing matrix
contains each creditor's name and mailing address. The
information is used for noticing and also for claims information
when applicable. The list provides suggested creditor matrix
specifications:
1) Typed on blank, unlined, standard while 8 x 11 bond paper
or on diskette, using upper and lower case letter quality
characters, no smaller than 10 point nor greater than 14 point, in
either courier, Times, Roman, Helvetica, or Orator. Bold type or
all CAPS should not be used.
2) Typed in a single column with no letters closer than 1
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (24 of 41)5/31/2014 8:55:39 PM
TX-BANKR
SAMPLE PREVIEW
TX-BANKR
SAMPLE PREVIEW
Homestead
Insurance
See 41.001
See 42.001
See 10.28
TX-BANKR
See 42.002
Pensions
See 3.50-2(10)(a)
See 3.50-3(9)(a)
See 811.005
See 42.0021
See 811.005
See 42.0021
SAMPLE PREVIEW
Police officers (See Government Code) See 811.005
Public Benefits
Tools of Trade
Wages
See 811.005
See 42.0021
See 811.005
See 32.036
See 31.040
See 42.002
See 42.002
See 42.001
TX-BANKR
Wild Card
See 42.001
None
None
SAMPLE PREVIEW
TX-BANKR
- This document informs the creditors that you have filed a Chapter 7
bankruptcy case. Please note that this is a "no asset case." This means
that you have no assets available to satisfy any portion of the creditors'
unsecured claims. The creditors will be given a meeting time and you
(as the debtor) must be present in order to be questioned, under oath, by
the trustee and the creditors. The notice also lists important deadlines
for the creditors.
SAMPLE PREVIEW
- Creditors will receive this notice if the debtor is a corporation or a
partnership and have no assets available to satisfy any portion of the
creditors' unsecured claims. The creditors will be given a meeting time
and the debtor's representative must be present in order to be
questioned, under oath, by the trustee and the creditors. The notice also
lists important deadlines for the creditors.
TX-BANKR
SAMPLE PREVIEW
- The creditor will receive this notice if you have filed a Chapter 11
bankruptcy case. You are required to be present at a meeting with the
creditors in order to be questioned under oath by the trustee and the
creditors. If you are filing a joint case, both you and your spouse are
required to be present for the question and answer session with the
trustee and the creditors. The notice also lists important deadlines for
the creditors.
TX-BANKR
SAMPLE PREVIEW
- Creditors will receive this notice if the debtor has filed a Chapter 12
bankruptcy case and is a corporation or a partnership family farm. The
creditors will be given a meeting time and the debtor's representative
must be present in order to be questioned, under oath, by the trustee
and the creditors. The notice also lists important deadlines for the
creditors.
- Creditors will receive this notice if the debtor has filed a Chapter 13
bankruptcy case. The creditors will be given a meeting time and you
(as the debtor) must be present in order to be questioned, under oath, by
the trustee and the creditors. The notice also lists important deadlines
for the creditors.
10.
TX-BANKR
View Official Instructions (if any) and/or Committee Notes (if any)
- pdf
- File Name: US-BKR-F10 - Last Revised 4/13. For use in Chapter 13
or 7
- Creditors will use this form to list their claims against you. The creditor will
be asked to provide the basis of the claim, the date you incurred the debt, and
the total amount of the claim at the time the bankruptcy case was filed.
11a.
- Creditors may use this form to authorize a general power of attorney. The
attorney in fact will have the authority to vote on any question that may be
lawfully submitted to your creditors; to receive dividends, and to perform any
act not constituting the practice of law.
11b.
SAMPLE PREVIEW
- Creditors may use this form to authorize a special power of attorney. The
special power of attorney will authorize the attorney in fact to attend the
meeting of your creditors and to vote on behalf of the claimant.
- This form will be sent to you (the debtor), your creditors, and other parties in
interest. The notice provides that a disclosure statement and a plan under
chapter 11 or chapter 9 has been filed. A hearing has been sent to consider the
approval of the disclosure statement and plan.
TX-BANKR
- The bankruptcy court will use this form to approve the disclosure statement
and fix the time that the creditors have for filing acceptances or rejections of
the reorganization plan.
14.
- Each of your creditors will use this ballot to accept or reject your plan of
reorganization. If the plan is confirmed by the bankruptcy court, it will be
binding on the creditor whether or not the creditor votes.
15.
- The bankruptcy court will use this form to order the confirmation of your
reorganization plan. A copy of your confirmed plan will be attached.
SAMPLE PREVIEW
16a.
- This document is a full caption which includes the case number, chapter, and
your social security number (as the debtor).
16b.
- This document is the shortened caption which provides only the following
information: your name (as the debtor), the case number, and chapter.
TX-BANKR
- This caption is for use in an adversary proceeding by someone other than the
debtor. The caption includes: the name of the plaintiff and the defendant, the
case number, and the chapter number.
SAMPLE PREVIEW
- This is notice provides that the plaintiff or the defendant (or some other
person) has appealed from the judgment or order of the bankruptcy court.
18.
TX-BANKR
- This form is new for the 2005 Act. It contains a required notice, stating that
the bankruptcy preparer is not an attorney and must not give legal advice The
form includes examples of advice a non-attorney bankruptcy petition preparer
may not give. The notice must be signed by the debtor and by the petition
preparer and filed with any document for filing prepared by the non-attorney
preparer.
SAMPLE PREVIEW
- This form contains a required disclosure of the compensation paid to a nonattorney bankruptcy petition preparer. It must be filed WITH the petition if a
non-attorney petition preparer prepares the petition.
20a.
- This form is used by the court informing the designated party that papers
have been filed with the court seeking relief of a specific motion or that the
party has entered an objection. In order for the court to consider all views the
designated party must file a written request for a hearing.
20b.
- This form is used by the court to inform the designated party that an
objection has been filed against the claim submitted by the party. If the party
does not want the court to eliminate or change the claim, then a written
response to the objection must be filed with the court.
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (35 of 41)5/31/2014 8:55:39 PM
TX-BANKR
24.
- This form is new for the 2005 Act. Rule 8001, as amended in 2005, requires
that any certification of an appeal, bankruptcy court judgment, order, or
decree directly to the United States Court of Appeals by all the appellants and
appellees (if any) acting jointly be filed on this form.
SAMPLE PREVIEW
The forms in this table are the ones needed for your bankruptcy. The others
are just additional forms.
TX-BANKR
Sched.
Sched.
Sched.
Sched.
SAMPLE PREVIEW
pdf
FORM 22A - Statement of Current Monthly Income and Means Test
Calculation (Chapter 7) pdf
FORM 22B - Statement of Current Monthly Income (Chapter 11) - pdf
FORM 22C - Statement of Current Monthly Income and Means Test
Calculation (Chapter 13) pdf
FORM 23 - Debtor's Completion Certificate for Financial Management
Instructional Course pdf
FORM 283 - Chapter 13 Debtor's Certifications Regarding Domestic
Support Obligations (Chapter 13) pdf
FORM 240A,B&C + Form 27. - Reaffirmation Agreement, Motion and
Order + Coversheet - Form 240 pdf ~ Form 27 pdf
Other Bankruptcy Forms
FORM 9 - Notice of Commencement of Case Under the
file:///R|/Production%20Dept/Production%20M/BAN...14)%20update%20-%20NEW%20CURRENT/TX-BANKR-1.htm (37 of 41)5/31/2014 8:55:39 PM
TX-BANKR
SAMPLE PREVIEW
Download pdf
TX-BANKR
SAMPLE PREVIEW
Northern District and State Specific
Information
Additional Information
1.
Bankruptcy Code
The code is very complicated and confusing. You will
probably not need to refer to the code in a normal case.
TX-BANKR
However, they are here in the event you hear or see a code
section named and need to locate it.
2.
SAMPLE PREVIEW
More likely than not, you will not require the rules to make it
through the case. However, they are available for you in case
you need to refer to a rule, or if you hear or see a rule number
during the case and would like to view the actual rule.
3.
4.
TX-BANKR
END
SAMPLE PREVIEW