MILLER and HOLLANDER
A partnership of Professional Associations
Attorneys At Law
Richard J. Hollander, P.A.
Edward R. Miller, P.A.
2430 Shadowlawn Drive, Suite 18
Naples, FL 34112
(239) 775 -2000
Fax: (239) 775-7953
Offices:
Port Charlotte, FL
(941) 743-7100
Fort Myers, FL
(239) 274-0700
Gregory A. Champeau
Katherine Everett Iskin
** WHAT WILL HAPPEN NEXT **
Now that you have carefully reviewed and signed all of your
bankruptcy papers, we will electronically file your case. We will send
a copy of your bankruptcy paperwork to you by e-mail or mail.
If you do not receive your copy within about 14 days, please call the
office to see if everything was sent.
About 10 to 14 days after you receive your signed papers you should
receive your NOTICE OF COMMENCEMENT OF BANKRUPTCY CASE, MEETINGS OF
CREDITORS, & DEADLINES. A copy of the NOTICE OF COMMENCEMENT OF CASE is
also mailed to all of the creditors on the list of creditors attached
to your bankruptcy papers. This notice will tell you what your case
number is, the date of filing, your trustee’s name and the date and
time of your creditor’s meeting. An example of the form NOTICE OF
COMMENCEMENT OF BANKRUPTCY CASE is attached.
Once you have received this notice you may tell your creditors that
you have filed bankruptcy, the type of bankruptcy that you have filed,
and any other information listed on the notice. You may also, after you
receive this notice, refer your creditors to this office. Give them the
information on the Notice as to our address and telephone number.
Please refer to the following section, WHAT TO DO ABOUT CREDITORS WHO
CONTACT ME AFTER I’VE FILED, in the ADDITIONAL INFORMATION section for
more information.
m:\users\forms master -word only-\what will happen next - 2011.docx
pg.1
* THINGS YOU MUST DO *
After filing your bankruptcy there are a number of things you must
do in order to obtain your discharge. PLEASE BE ADVISED THAT OBTAINING A
DISCHARGE IS THE GOAL OF EVERY DEBTOR IN BANKRUPTCY. THE FOLLOWING WILL
HELP YOU OBTAIN THAT GOAL. REMEMBER THAT A DISCHARGE IS THE LEGALLY
BINDING DOCUMENT THAT PROHIBITS ANY LISTED CREDITOR FROM COLLECTING OR
ATTEMPTING TO COLLECT ON A SCHEDULED DEBT.
Below is the list of mandatory actions you must take in order to obtain
your discharge.
1. Submit all TRUSTEE REQUESTED DOCUMENTS
2. Attend your 341 MEETING OF CREDITORS
3. Provide FOLLOW UP DOCUMENTS to the Trustee
4. Complete the PERSONAL FINANCIAL MANAGEMENT CERTIFICATE OF DEBTOR
EDUCATION course
5. Make all TRUSTEE PAYMENTS – Chapter 13 bankruptcies only
6. Provide your CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION BY
DEBTOR certificate with our office for filing – Chapter 13
bankruptcies only
Following all required steps will insure your discharge and start
you on your path to financial recovery. Failing to make sure you have
fulfilled your responsibilities under the Bankruptcy Code may result in
additional cost to you, dismissal of your case, loss of discharge or
inability to obtain your discharge.
pg.2
1. TRUSTEE REQUESTED DOCUMENTS
Before your MEETING OF CREDITORS, the Trustee may request certain
documents. You may have provided many or all of the documents requested.
If you have not provided the requested documents or are unsure, please
make an appointment with the office to deliver the documents so that we
may forward them to the Trustee. Getting these papers to the Trustee in
a timely manner is essential.
Not providing them, or providing them
late, may cause your MEETING OF CREDITORS to be rescheduled and possibly
your case may be dismissed without discharge.
DOMESTIC SUPPORT OBLIGATION INTAKE FORM
FOR 341 MEETING OF CREDITORS
If you have current and/or past due domestic support obligations,
attached is a copy of DOMESTIC SUPPORT OBLIGATION INTAKE FORM FOR 341
MEETING OF CREDITORS. Please complete the DOMESTIC SUPPORT OBLIGATION
INTAKE FORM FOR 341 MEETING OF CREDITORS, make a copy for your file and
bring the original to your Creditors’ Meeting to give to the trustee, if
requested.
This form is different from the CERTIFICATION REGARDING
DOMESTIC SUPPORT OBLIGATION BY DEBTOR, if you have filed a Chapter 13
bankruptcy, you must still file the CERTIFICATION REGARDING DOMESTIC
SUPPORT OBLIGATION BY DEBTOR. See section below for more information.
2. MEETING OF CREDITORS
Your 341 MEETING OF CREDITORS or Creditors’ Meeting; will take
place in the United States Courthouse, 2110 First Street, Suite 2-101,
Ft. Myers, Florida. You MUST attend this meeting.
BE PREPARED, KNOW WHERE YOU ARE GOING
A few days before your MEETING OF CREDITORS it is advisable to
drive to the courthouse in Ft. Myers so that you will know where you are
going, where you want to park your car, and how long it will take you to
get there. See the attachment at the end of this packet for a map and
driving directions.
* WEAPONS OF ANY KIND, INCLUDING SMALL POCKET KNIVES AND NAIL FILES,
CELL PHONES, PAGERS, PORTABLE COMPUTERS ARE NOT ALLOWED IN THE FEDERAL
COURTHOUSE. PLEASE LEAVE THESE ITEMS IN YOUR CAR.*
pg.3
IDENTIFICATION REQUIRED
To enter the Federal Courthouse, each individual is required to
have a picture I.D. A current Florida driver’s license, Florida State
I.D. or passport will fulfill this requirement.
Additionally, all debtors MUST provide the TRUSTEE with picture
identification to verify their identity, as well as proof of Social
Security Number. Acceptable picture identification includes a valid
state-issued driver’s license, state-issued picture identification card,
passport, or legal alien card. Acceptable proof of Social Security
Number includes a Social Security Card, a current W-2 form, Medicare
Card, or some other officially generated document which shows name and
Social Security Number. (Tax returns are NOT an acceptable proof of
Social Security Number.)
Be advised that if you do not have photo identification you will
not be permitted in the Federal Courthouse. BE FURTHER ADVISED THAT IF
YOU DO NOT HAVE PHOTO IDENTIFICATION AND PROOF OF YOUR SOCIAL SECURITY
NUMBER YOUR CREDITORS’ MEETING MAY NOT PROCEED. Your case can be
dismissed or you may be required to return on a different date and time.
Do not wait until the last moment, please take a moment now to check for
your photo identification and proof of social security number. Put the
proof in your wallet today so you have them at your Creditors’ Meeting.
ATTEND YOUR CREDITORS’ MEETING
If for any reason you do not have any of the above, make sure you
attend your meeting of creditors anyway. There is almost no excuse for
missing your Meeting of Creditors. If you miss you’re Meeting of
Creditors and you have filed a Chapter 13, your bankruptcy may be
dismissed. If you have filed a Chapter 7 you could have your discharge
barred (which means that your assets could be administered by the
bankruptcy court, but you could still owe all of your creditors).
As
you can see, it is very important to make your meeting of creditors.
BE AT YOUR CREDITORS’ MEETING EARLY
On your NOTICE OF COMMENCEMENT OF CASE is the time and date of your
creditors’ Meeting. Please be at your Creditors’ Meeting at least 45
minutes to an hour early. Being even 1 minute late may cause the meeting
to be rescheduled to a different day or could cause your bankruptcy to
be dismissed without discharge. Also, be advised that the doors to the
United States Courthouse do not open until 8:30 a.m. and that the
Creditors’ Meetings do not usually begin until 9:00 a.m.
pg.4
The meeting area consists of an outside waiting area and an inside
meeting room. Please go into the meeting room and take a seat so that
you can listen to the questions that the trustee is asking the people
before you. You will get an idea as to the type of questions that the
trustee will be asking you. Remember to answer the question that the
trustee asks.
You are not to volunteer information, just answer the
question asked.
HOW TO DRESS
This is not the time to show off all your jewelry or to dress
extravagantly.
Nice, but conservative attire is suggested. Remember
treat this as if you are going to court in front of a judge.
WHAT TO BRING WITH YOU
Other than your photo identification and your proof of social
security number, you do not need to bring any other paperwork with you.
You are encouraged to bring your signed paperwork.
IF AN INTERPRETER IS NEEDED
If English is not your first language and you are unable to answer
the trustee’s questions in English, please let us know PRIOR to your
Creditors’ Meeting. The United States Trustee’s Office provides an
interpreter free of charge by telephone.
3. FOLLOW UP DOCUMENTS
At your MEETING OF CREDITORS the trustee may request additional
documents. You must provide the documents to our office as soon as
possible so that we have time to forward them to the trustee. Make a
COPY of the documents, put your name and bankruptcy court case number on
each document, and make an appointment to deliver the documents. Failing
to provide the documents in a timely manner will jeopardize your
discharge.
If you have filed a Chapter 13 you will also receive an order from
the court requiring you to file all previous year’s tax returns. If you
have already filed all previous year’s tax returns you do not have to
re-file them. If you have not filed your tax returns, and you are not
late, file them as you would normally do, on time and without extension.
Make sure you keep a copy in case the trustee wants to see proof. If you
are filing your taxes after your MEETING Of CREDITORS see the below
ADDITIONAL INFORMATION section for specific instructions.
pg.5
If the Chapter 7 trustee has requested you to file your income tax
returns in regard to your pending bankruptcy proceeding, please do so in
the normal sequence of events.
The returns should be filed in the normal way; however you need to
provide a copy of your tax return to us so that we can send it directly
to the Chapter 7 trustee.
The copy should be sent within 7 days of
filing your return with IRS. Please put a copy in your bankruptcy file
in case you need it in the future.
4. PERSONAL FINANCIAL MANAGEMENT COURSE
CERTIFICATE OF DEBTOR EDUCATION
After your case is filed you must complete a Personal Financial
Management Course (Debtor Education) before you can receive your
discharge. This is a follow-up to the credit counseling course you took
before you were able to file your bankruptcy. We recommend that you do
this immediately after receiving your NOTICE OF COMMENCEMENT OF CASE.
The Personal Financial Management Course can be taken at any time after
the filing of your case, but must be completed before you are eligible
for a discharge. See the list of providers below:
Springboard Consumer Credit Management
www.credit.org
800-947-3752
GreenPath, Inc.
800-630-6718
www.greenpath.com
Money Management International, Inc.
www.moneymanagement.org
877-918-2227
In Charge Education Foundation
866-729-0049
www.PersonalFinanceEducation.com
Debt Education & Certification Foundation
www.BKcert.com/code
Attorney Code: BTX92096
866-859-7013
When you have completed the course you should receive a certificate
number indicating completion and the CERTIFICATE OF DEBTOR EDUCATION.
This certificate, ALONG WITH OFFICIAL FORM 23, found in the back of this
booklet, can be faxed to our office so that we can file it for you. Make
sure you follow up and check to make sure that we have received the
documents. You cannot receive your discharge without taking the course
and having us file the certificate along with the Official Form 23.
pg.6
5. TRUSTEE PAYMENTS
All Chapter 13 bankruptcy debtors are required to make payments to
the trustee.
The key to a successful Chapter 13 is to make all your
payments on time. You must make timely payment to the Chapter 13 trustee
as provided for in your plan. Please be advised that the Chapter 13
trustee will file a Motion to dismiss your Chapter 13 case if you are
not current in your payments. As such, if you are not able to make your
required payment each month, we strongly recommend that you contact our
office and make an appointment immediately, so that we can discuss
possible ways to help you depending on your particular circumstances.
Chapter 13 filers will receive a FIRST DAY ORDER. This FIRST DAY
ORDER will require you to make your payment to the Chapter 13 trustee.
You should also receive a letter from the office of the
Chapter
13
trustee, Jon Waage’s office, telling you how much, when and how to make
your payments. Unless, the trustee’s letter or the First Day Order is
substantially different from with your plan, please follow the trustee’s
instructions. Your first payment may be due before your first meeting of
creditors.
Chapter 13 filers can avoid late payment and the hassle of
obtaining money orders to pay the trustee by use of electronic payment.
We suggest that you open a separate bank account at your bank (you can
use a savings account for this) and make deposits to that account.
Attached are the trustee’s request forms for AUTHORIZATION FOR AUTOMATIC
DEBIT.
Once you have your case number and the order telling you the
date and amount of payment, complete the Authorization form and send it
to the trustee. If you have any questions regarding this procedure call
the Chapter 13 Trustee’s Office as set forth in the attached documents.
If you have any problems or questions after you talk to the Trustee’s
Office, please call us.
pg.7
6. CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION BY DEBTOR
(CHAPTER 13 ONLY)
If you have filed a Chapter 13 bankruptcy, you are required to
certify that you are either current in your domestic support obligations
or that you have no domestic support obligations. Domestic support
obligations are payment of alimony, maintenance, support or child
support. The CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION BY
DEBTOR is attached. In addition, you cannot file the CERTIFICATION
REGARDING DOMESTIC SUPPORT OBLIGATION BY DEBTOR until the last payment
has been made pursuant to your Chapter 13 plan.
At the time you make your final payment under your plan of
repayment, complete the attached CERTIFICATION REGARDING DOMESTIC
SUPPORT OBLIGATION BY DEBTOR, make a copy for your records, and deliver
the original to the Clerk of the Bankruptcy Courts by mail at the
following address:
Sam M Gibbons
U.S. Courts
801 N. Florida Ave.
Tampa, FL 33602
The Clerk of the Bankruptcy Courts will file the document for you.
Be advised that failure to file the CERTIFICATION REGARDING DOMESTIC
SUPPORT OBLIGATION BY DEBTOR may cause your bankruptcy to be closed
without the issuance of the discharge. We strongly recommend that you
follow up with the Clerk to make sure that the certification was filed.
In that event that your case is closed without a discharge, you would
have to pay a fee to us to re-open your case and request the Court to
issue your discharge.
In addition the Court charges a fee to re-open
the case. The cost to you will be several hundreds of dollars.
If you filed a Chapter 7 bankruptcy, you are not required to file a
CERTIFICATION REGARDING DOMESTIC SUPPORT OBLIGATION BY DEBTOR. Be
advised that past due and current domestic support obligations under the
Bankruptcy code are non discharge-able in bankruptcy and you will still
be legally liable to pay those obligations.
pg.8
** ADDITIONAL IMPORTANT INFORMATION **
Once you have attended your Creditors’ Meeting, in the majority of
cases, you will not be required to appear at a proceeding within the
bankruptcy process.
However, despite the fact that you may not be
required to return to the Bankruptcy Court for further hearings, you
still have additional responsibilities in the completion of your case.
Make sure you are fulfilling your responsibilities under the Bankruptcy
Code stated above.
Failure to do so may result in additional cost to you, dismissal of your
case, loss of discharge or inability to obtain your discharge.
SAVE YOUR BANKRUPTCY PAPERWORK
If you have not done so already, open a file for your paperwork.
Save the paperwork that you receive from us, from the court, and from
anyone else that is related to your bankruptcy. Though we have a file on
your case, after your case is basically closed, your file is placed in
storage. If we have to retrieve your paperwork from storage there will
be an additional charge. After a period of time we no longer keep files.
In the event you then need any paperwork related to your bankruptcy you
would have to get copies from the Clerk of the Bankruptcy Court. The
Clerk charges for this service. In addition, depending on the age of the
file, it may be stored in the Clerk’s archives in Atlanta, GA, which can
take several months to obtain a copy.
WHAT TO DO ABOUT CREDITORS WHO CONTACT ME AFTER I’VE FILED
After you receive your Notice of Commencement of Bankruptcy Case
give the paperwork associated with your bankruptcy time to work its way
through your creditors' business system. The clerk also mailed a copy of
the Commencement of Bankruptcy Case to each of your creditors, but they
need time to notify all their departments of your bankruptcy. It should
take about two weeks to stop all the telephone calls and about a month
for the mail to halt.
Please understand that after you have received your copy of the
Notice of Commencement of Bankruptcy, if a creditor calls, you can tell
them you have filed bankruptcy and to look at their copy of the Notice.
If they have not received their notice for some reason, you can give
them any of the information listed on your copy of the Notice. If a
creditor calls and has received permission from our office to speak with
you, please talk to them. If you are not sure, call us.
pg.9
If more than 10 days have lapsed since you received your Notice of
Commencement of Case and your creditors are still bothering you, here is
what you do:
1. Send the following sample letter, together with a copy of the
Notice of Commencement of Bankruptcy Case, to the creditor who is
sending you collection letters or calling you on the telephone
seeking to collect money.
2. Keep a copy of each letter that you send.
SAMPLE CEASE & DESIST LETTER
Dear Creditor:
Enclosed please find a copy of my “NOTICE OF COMMENCEMENT OF
BANKRUPTCY”. The purpose of this notice is to make you aware that I
have filed for Bankruptcy Relief and instruct you not to contact me
again. If you contact me again you may be in violation of the
Federal Bankruptcy Automatic Stay. If you choose to disregard this
warning, I will request that my attorney take appropriate legal
action.
SINCERELY YOURS,
Your name
Address
If after you send this letter the creditor continues to contact you
without permission, please call our office and advise either staff or
one of the lawyers so we can take the next step on your behalf to cause
the creditor to cease and desist further contact.
pg.10
IF YOU HAVE SECURED CREDITORS
A secured debt is a mortgage on your house or a lien on your car.
Whether you file a Chapter 7 or Chapter 13 bankruptcy, you must continue
to pay all secured creditors for property you wish to keep. Failure to
pay these creditors may result in foreclosure or repossession of the
collateral (the property you are paying for), despite the fact that your
bankruptcy case is still pending with the Court. If you have filed a
Chapter 13 bankruptcy and are paying all secured creditors through your
plan of repayment, you do not need to pay the creditor directly until
after you have paid your Plan of Repayment in full.
If you are in
doubt, make an appointment to see us.
When you filed your bankruptcy an Automatic Stay went into effect
precluding your creditors from contacting you for payment of any debts.
Sometimes the secured creditor will not send you a bill or statement for
your monthly payment or will refuse to accept your check. It is
important that you contact the secured creditor and make arrangements to
keep paying the monthly amount. If you are keeping an asset which is
secured (such as a house or car) all payments after the date of filing
your bankruptcy must still be paid on time. On time payments mean that
the payment is received by the creditor on the due date. It does not
include grace periods or mailing time. Please make sure that any
payments due are paid on time, even a day late can cost you extra money.
If you do not make your payments the creditor can ask the court to lift
the stay which will allow the creditor to repossess and sell the secured
assets.
If your payments are current at the time of filing, your payments
on secured debt are probably being made direct to your secured
creditors. If you receive invoices monthly and the creditor does not
send an invoice it does not mean that you do not have to make the
payment. To the contrary, it is necessary that you make your payment
timely. Contact the creditor and request an invoice and while waiting
for the invoice send your payment with a cover letter. Remember to keep
copies of the letters and checks in case you need them later on. After
the payments have smoothly resumed and you feel comfortable you can stop
making copies.
If
the
payments
are
returned
to
you,
please,
keep
all
correspondence sent to you including the envelope in which the
correspondence was sent. If you find that the checks you have sent have
not cleared the bank with your next statement please immediately contact
us. Also, do not spend the money on something else. Believe us; you will
have to pay all monies due after filing at a later date. You do not want
to be short when it becomes time to make that payment. So save the
money.
pg.11
If you filed bankruptcy under Chapter 7 and are retaining your
vehicle you may be required to sign a Reaffirmation Agreement. We
recommend that you sign your Reaffirmation after the Meeting of
Creditors. Lenders sometimes provide them to us if you are keeping your
car, but you may need to ask your lender to provide us with the
agreement. The Reaffirmation Agreement promises your creditor that you
will continue to make your payments and that you are not requesting a
discharge of the debt. It is your responsibility to make sure that the
Reaffirmation Agreement has been submitted to our office and signed by
you as soon as possible. If you do not sign the Reaffirmation Agreement
but continue to make your payments, your vehicle could be repossessed
after you receive your discharge.
COVER LETTER TO BE SENT TO YOUR SECURED LENDER
Re: Payment of (Secured Collateral)
Account No.:___________________
Dear Creditor:
Enclosed please find a copy of Notice of Commencement
bankruptcy case and my first post-petition bankruptcy
monthly mortgage payment.
of my
filing
Please credit same to my account. Further, you are authorized to
continue sending me a monthly bill or statement.
If you have any questions, please feel free to contact my
attorneys, Miller and Hollander, P.A. 2430 Shadowlawn Drive,
Suite 18, Naples, FL. 34112. Telephone: (239) 775-2000.
Very truly yours,
Your name
Address
Telephone number
If you are still having problems after sending this letter please
call and make an appointment and bring your information with you.
pg.12
CREDITORS THAT SURVIVE IN A BANKRUPTCY
After your meeting of creditors you may still owe certain creditors
such as the IRS, State sales tax, domestic support obligations or
student loans. We have probably discussed the fact that you may need to
file a complaint to determine whether or not your IRS obligations have
been discharged, or whether or not you need to file a subsequent Chapter
13. In addition some of your creditors may have taken judgments against
you and recorded the judgments in the public records of the county in
which your home is located. It may be necessary to file an additional
proceeding to remove that lien of record, so later on you can sell your
home free and clear of a possible cloud on the title to your homestead.
You need to remind us after your first meeting of creditors that
these different types of actions may need to be filed. Please ask us at
your meeting of creditors or call the office to see if it is necessary
for you to come in for any further services.
FILING TAX RETURNS DURING BANKRUPTCY
You must timely file all tax returns that become due during the
life of your Bankruptcy case. The returns should be filed with the IRS
Insolvency Unit as directed in the order confirming your Chapter 13
case.
If you filed a Chapter 13 bankruptcy and you have been requested to
file your income tax returns in regard to your pending bankruptcy
proceeding, these returns have to be filed using one of two addresses as
specified in your trustee paperwork. Please follow these instructions
completely:
1.Make copies of the returns you have to file.
2.Put your bankruptcy court case number on the copy in red, green or
blue ink.
3.Sign the copies in red, green or blue ink. DO NOT USE BLACK INK.
4.Mail the signed copies to:
Internal Revenue Service
Attn: Special Procedures
STOP 5720
400 W. Bay Street, #35045
Jacksonville, FL 32202
If the trustee has requested a copy, make an appointment with the
office to deliver a copy so that we may forward it to the trustee.
pg.13
CHAPTER 13 CONFIRMATION HEARING
If you have filed a Chapter 13 bankruptcy, the next step after your
Meeting of Creditors is the Confirmation Hearing. You are not required
to attend the Confirmation Hearing; our Attorneys will be there to
represent you. At the Confirmation Hearing the Court may approve,
disapprove or continue to a later date, the terms of your Chapter 13
plan. During the confirmation process we may call you to discuss your
case. This is normal. If your plan is not approved we will discuss your
options with you.
Once your case is confirmed, you may have the ability to pay your
plan off earlier than the projected life of your plan, depending on your
particular circumstances. Before you take any action to pay off your
Chapter 13 plan early, you should contact our office and discuss this
with one of the attorneys. Acting on your own without proper advice
could cost you extra money.
INCURRING DEBT DURING YOUR CHAPTER 13
If you need to incur any new debt during the life of your plan, for
example the financing of a vehicle, furniture, or the like, you must
obtain permission of the Chapter 13 Trustee. The Chapter 13 Trustee
routinely grants permission to debtors that incur new debt, as long as
the financing does not compromise a debtor’s ability to fund their plan.
A helpful resource for obtaining the required forms in such a matter is
the Chapter 13 Trustee’s website www.tampa13.com.
QUESTIONS
If you have any questions regarding what you can do or cannot do in
your Chapter 7 or 13 case please, do not hesitate to contact us. We are
your attorneys, and we will do our best to assist you with any problems
or issues that may arise in relation to your bankruptcy. Because each
situation is unique, we request that you communicate in person via phone
or appointment. Sending faxes or letters with questions and concerns or
dropping off documents without an appointment is not appropriate. As
always, if there is anything we can do to help, or if you have questions
regarding your bankruptcy do not hesitate to call.
pg.14
U.S. Courthouse & Federal Building - 2110 First Street – Fort Myers, Florida 33901 - 239-461-2000
Driving Directions to Fort Myers coming from the North
Driving Directions to Fort Myers coming from the South
** NO CELL PHONES are allowed and PICTURE IDENTIFICATION IS REQUIRED to enter courthouses **
pg.15
pg.16
DOMESTIC SUPPORT OBLIGATION
INTAKE FORM FOR 341 MEETING OF CREDITORS
Name and Address of Holder of Claim for a Domestic Support Obligation:
Name ______________________________________________
Address ____________________________________________
City, State, Zip Code __________________________________
Telephone Number (___) _____________________________
State Court Case Number (if applicable) ________________
Debtor’s Information
In Re: Name _____________________________________
Bankruptcy Case Number ___________________________
Social Security Number ____________________________
Name, Address and Telephone Number of State Agency (If Known):
Name ______________________________________________
Address ____________________________________________
City, State, Zip Code __________________________________
Telephone Number (___) _____________________________
Name of Debtor(s) last Known Employer: ______________________________________
Address of Debtors last Known Employer: ______________________________________
pg.17
pg.18
pg.19
pg.20
Finance and Operations M a n a g e r
Kim Sawdy
Systems Administrator
Dennis Jackson
JON M. WAAGE
Senior Staff Attorney
Kelly Ballard
Standing Chapter 13 Trustee
Middle District of Florida
Tampa/Fort Myers Divisions
Divisions
Staff Attorneys
Michael Cecil
Kimberly McIntyre
Sarah Olsen
The Trustee is pleased to announce another way to make monthly Chapter 13 Plan payments. We have
the capability of automatically debiting your checking account each month for the amount of your Plan
payment. This service may benefit you because:
 You won't have the worry about remembering to send your payments each month;
 You will save time and money since you won't have to run out to purchase and mail a money
order or cashier's check each month; and
 Most importantly, you'll never have to worry about being behind in your Plan payments.
Should you wish to participate in this new program, please return the completed authorization form to our
office. You may choose either the 5th or the 17th day of the month for your payment to be
debited, regardless of your actual payment due date. Please make sure to check the appropriate
box on the authorization form for either the 5 th or 17th for the debit. Please attach a voided check to the
authorization form. We cannot process debits without first receiving a voided check. All account holders,
regardless of being in the bankruptcy, must sign the authorization form. WE DO NOT ACCEPT STARTER
CHECKS OR BUSINESS CHECKS. After the Trustee's office receives the authorization form, we will
send a written confirmation that will notify you of the date on which the automatic debits will commence.
In the event the amount of your Plan payment changes during the life of your plan, it is your responsibility
to provide our office with written consent authorizing us to debit the new payment amount each month.
If at any time an automatic payment is returned, the agreement will be terminated and this service
will no longer be available to you. You will be notified in writing and will then be required to make
the missed payment by using a money order or cashier's check. All future payments must thereafter be
made in the form of a money order or cashier's check.
Once this service has been established, there are 3 ways to terminate the automatic debit:
1. Your case is dismissed, converted to another chapter of the bankruptcy code, or upon completion of all
Plan payments;
2. Your automatic payment is returned account closed, returned payment stopped, or returned for
insufficient funds; or
M a i l p a y m e n t s t o : P . 0 . B o x 2 6 0 , M e mp h i s , T N 3 8 1 0 1 - 0 2 6 0
Correspondence address: P. 0. Box 25001, Bradenton, FL 34206 -5001
Telephone (941) 747-4644 Toll Free 1-800-248-2075 Facsimile (941) 750-9266
Trustee Website: www.tampa13.com/
pg.21
3. You voluntarily terminate the agreement. There is a termination form attached to this letter.
Please keep the termination form for future use. Once the Trustee receives a signed termination
form, he will immediately terminate the automatic debits from your checking account and you then
must go back to making all future Plan payments via money order or cashier's check. Once you
voluntarily terminate this service, the procedure cannot be reestablished. You must make all future
payments by money order or cashier's check.
If you have any questions regarding this program, please call our office and speak with
someone in the Accounting Department.
** NOTE — PLEASE SEND THE AUTHORIZATION TO THE CORRESPONDENCE ADDRESS:
P.O. BOX 25001, BRADENTON, FL 34206-5001
pg.22
AUTHORIZATION AGREEMENT FOR AUTOMATIC DEBIT ORIGINATION
I (we) hereby authorize the Chapter 13 Trustee, hereinafter called TRUSTEE, to initiate debit entries in the
amount of $_____________ starting __________________(month & year), to my(our) account
indicated below, and the depository named below, hereinafter called DEPOSITORY, to debit the
same such account. Please allow a minimum of 10 days to process.
Bank Name: _____________________________________
Transit/ABA (Bank Routing) No: ______________________ Account No: _________________
Note: The Transit/ABA number is a 9 digit number that is found on the bottom left of your check,
before your account number. Please do not use a deposit slip to locate this number.
This authority is to remain in full force and effect until TRUSTEE and DEPOSITORY have received
written notification from me (or either of us) of its termination in such time and in such manner as to afford
TRUSTEE and DEPOSITORY a reasonable opportunity to act on it. All account holders must authorize
the debit by signing below.
Names: __________________________________
Case Number: __________________
Names: __________________________________
Signed: __________________________________
Date: ___________________
Signed: __________________________________
Date: ___________________
Your phone number: ________________________
IMPORTANT-SELECT DRAFT DATE
5th of EACH MONTH
TYPE OF ACCOUNT-SELECT ONE:
17th of EACH MONTH
CHECKING
SAVINGS
PLEASE ATTACH A VOIDED CHECK HERE (NO STARTER CHECKS):
NOTE: If a savings account is being designated, please contact your savings institution and obtain and
attach written verification of the proper Transit/ABA No. and the proper Account No.
pg.23
AUTHORIZATION FOR TERMINATION OF AUTOMATIC DEBIT ORIGINATION
I (we) hereby authorize the Chapter 13 Trustee, hereinafter called TRUSTEE, to terminate debit entries
from my (our) checking account indicated below, and the depository named below, hereinafter called
DEPOSITORY, to terminate debit entries from the same such account. (PLEASE ONLY SEND THIS
FORM IN IF YOU WISH TO TERMINATE THE AUTO DEBIT)
Bank Name: _______________________________
Routing No: _______________________________
Account No: _______________________________
Names: __________________________________
Case Number: ___________________
(Please print or type)
Names: __________________________________
Signed: __________________________________
Date: ___________________
Signed: __________________________________
Date: ___________________
pg.24
B 283 (Form 283) (04/10)
UNITED STATES BANKRUPTCY COURT
Middle District of Florida
In re: ____________________________________
Case No. ___________________
Debtor
CHAPTER 13 DEBTOR’S CERTIFICATIONS REGARDING
DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q)
Part I. Certification Regarding Domestic Support Obligations (check no more than one)
Pursuant to 11 U.S.C. Section 1328(a), I certify that:
I owed no domestic support obligation when I filed my bankruptcy petition, and I have not been required
to pay any such obligation since then.
I am or have been required to pay a domestic support obligation. I have paid all such amounts that my
Chapter 13 plan required me to pay. I have also paid all such amounts that became due between the filing
of my bankruptcy petition and today.
Part II. If you checked the second box, you must provide the information below.
My current address: ____________________________________________________________
My current employer and my employer’s address: ____________________________________
_____________________________________________________________________________
Part III. Certification Regarding Section 522(q) (check no more than one)
Pursuant to 11 U.S.C. Section 1328(h), I certify that:
I have not claimed an exemption pursuant to § 522(b)(3) and state or local law (1) in property that I or a
dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified
in § 522(p)(1), and (2) that exceeds $146,450* in value in the aggregate.
I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law (1) that I or a
dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in
§ 522(p) (1), and (2) that exceeds $146,450* in value in the aggregate.
Part IV. Debtor’s Signature
I certify under penalty of perjury that the information provided in these certifications is true and correct
to the best of my knowledge and belief.
Executed on _________________
Date
________________________________
Debtor
*Amounts are subject to adjustment on 4/1/13 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment
pg.25
pg.26
BANKRUPTCY INFORMATION SHEET
B AN K RU PT CY L AW IS A F ED E R AL L AW . T HI S S H E ET PR O V ID E S Y O U W IT H G E NE R AL
INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATION HERE IS NOT
COMPLETE. YOU MAY NEED LEGAL ADVICE.
WHEN YOU FILE BANKRUPTCY
You can choose the kind of bankruptcy that best meets your needs (provided you meet
certain qualifications):
Chapter 7 — a trustee is appointed to take over your property. Any property of value will be sold or
turned into money to pay your creditors. You may be able to keep some personal items and
possibly real estate depending on the law of the State where you live and applicable federal
laws.
Chapter 13 — you can usually keep your property, but you must earn wages or have some other
source of regular income and you must agree to pay part of your income to your creditors.
The court must approve your repayment plan and your budget. A trustee is appointed and will
collect the payments from you, pay your creditors, and make sure you live up to the terms of your
repayment plan.
Chapter 12 — like chapter 13, but it is only for family farmers and family fishermen.
Chapter 11 — this is used mostly by businesses. In chapter 11, you may continue to operate your
business, but your creditors and the court must approve a plan to repay your debts. There is no
trustee unless the judge decides that one is necessary; if a trustee is appointed, the trustee takes
control of your business and property.
If you have already filed bankruptcy under chapter 7, you may be able to change your case to
another chapter.
Your bankruptcy may be reported on your credit record for as long as ten years. It can affect your ability
to receive credit in the future.
WHAT IS A BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?
One of the reasons people file bankruptcy is to get a "discharge." A discharge is a court order which states that
you do not have to pay most of your debts. Some debts cannot be discharged. For examp le, you cannot
discharge debts for





most taxes;
child support;
alimony;
most student loans;
court fines and criminal restitution; and
Personal injury caused by driving drunk or under the influence of drugs.
The discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you
received money or property by fraud, that debt may not be discharged.
-Over-
Revised 10/05
pg.27
It is important to list all your property and debts in your bankruptcy schedules. If you
do not list a debt, for example, it is possible the debt will not be discharged. The judge can
also deny your discharge if you do something dishonest in connection with your
bankruptcy case, such as destroy or hide property, falsify records, or lie, or if you disobey a
court order.
You can only receive a chapter 7 discharge once every eight years. Other rules may
apply if you previously received a discharge in a chapter 13 case. No one can make you pay
a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You
do not have to sign a reaffirmation agreement (see below) or any other kind of document to
do this.
Some creditors hold a secured claim (for example, the bank that holds the mortgage
on your house or the loan company that has a lien on your car). You do not have to pay a
secured claim if the debt is discharged, but the creditor can still take the property.
WHAT IS A REAFFIRMATION AGREEMENT?
Even if a debt can be discharged, you may have special reasons why you want to
promise to pay it. For example, you may want to work out a plan with the bank to keep your
car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the
court. Reaffirmation agreements are under special rules and are voluntary. They are not
required by bankruptcy law or by any other law. Reaffirmation agreements



must be voluntary;
must not place too heavy a burden on you or your family;
must be in your best interest; and
Can be canceled anytime before the court issues your discharge or within 60 days after the agreement is filed
with the court, whichever gives you the most time.
If you are an individual and you are not represented by an attorney, the court must
hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will
not be legally binding until the court approves it.
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though
there was no bankruptcy. The debt will not be discharged and the creditor can take action to
recover any property on which it has a lien or mortgage. The creditor can also take legal
action to recover a judgment against you.
IF YOU WANT MORE INFORMATION OR HAVE ANY QUESTIONS ABOUT HOW THE
BANKRUPTCY LAWS AFFECT YOU, YOU MAY NEED LEGAL ADVICE. THE TRUSTEE IN YOUR
CASE IS NOT RESPONSIBLE FOR GIVING YOU LEGAL ADVICE.
Sa dispone de una copia de este documento traducida al español
-Over-
Revised 10/05
pg.28
Notice of Chapter___ Bankruptcy Case, Meeting of Creditors, & Deadlines
The debtor(s) listed below filed a chapter ____ bankruptcy case on ____________________ (Month & Year)
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights.
All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the
bankruptcy clerk's office cannot give legal advice.
See Reverse Side For Important Explanations
Debtor(s)
(name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Case Number:
9: ___- bk -_______ -DHA
Social Security/Taxpayer ID/Employer ID/Other Numbers
Attorney for Debtor(s) (name and address):
Richard J Hollander
Miller & Hollander
2430 Shadowlawn Drive, Suite 18
Naples, FL 34112
Telephone number: 239-775-2000
Bankruptcy Trustee (name and address):
Meeting of Creditors
Debtor(s) must present Photo ID and acceptable proof of Social Security Number at 341 meeting.
You are reminded that Local Rule 5073-1 restricts the entry of cellular telephones into the Courthouse.
Date:
Time:
Location: United States Courthouse Federal Bldg., 2110 First Street 2-101, Fort Myers, FL 33901
Deadlines:
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to File a Proof of Claim:
For all creditors (except a governmental unit): For a governmental unit (except as otherwise provided in Fed. R Bankr. P. 3002 (c) (l) :):
180 days from the date of filing
Creditor with a foreign address
A creditor whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side.
Deadline to File a Complaint to Determine Discharge ability of Certain Debts:
Deadline to Object to Exemptions:
Thirty (30) days after the conclusion of the meeting of creditors.
Filing of Plan, Hearing on Confirmation of Plan
The debtor(s) plan or a summary of the plan and notice of confirmation hearing will be sent separately.
Creditors May Not Take Certain Actions:
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor, the
debtor's property and certain co-debtors. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the
debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the
Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case.
Address of the Bankruptcy Clerk's Office:
801 N. Florida Ave. Suite 555
Tampa, FL 33602-3899
Telephone number:
Clerk of the Bankruptcy Court:
Lee Ann Bennett
Hours Open: Monday - Friday 8:30 AM - 4:00 PM
Date:
For the Court:
Notice is further given that effective on the date of the Petition, the United State Trustee appointed the above named individual as
interim Trustee pursuant to 11 USC § 701.
pg.29