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Schedule C – Property Claimed as Exempt

INSTRUCTIONS : SCHEDULE C -PROPERTY CLAIMED AS EXEMPT (Form B-6C)


Introduction to the Form B-6C Schedule C -Property Claimed as Exempt

Form B-6C, Schedule C is the form that lists all property, claimed as exempt under your particular bankruptcy filing. This particular form is a compliment to the other forms you will be filing that will detail your possession of real and personal property. As such, the filing of the Form B-6C will require the completion of additional forms with regard to your Bankruptcy filing or claim.


Bankruptcy is a legal classification applicable to financial circumstances and situations within which individuals or entities are considered to be financially insoluble – this classification implies that the respective debt incurred outweighs the total value of assets and monies in the possession of that individual or entity. 


Accessing the Form B-6C Schedule C -Property Claimed as Exempt

Typically, you will be required to furnish your Form B-6C Schedule C -Property Claimed as Exempt – in addition to any or all supplemental forms – to the bankruptcy court applicable to the jurisdiction within which you reside; upon contacting your jurisdictional bankruptcy court, you can access a Form B-6C Schedule C -Property Claimed as Exempt, as well as supplemental bankruptcy forms required with regard to your specific circumstance. 


The Form B-6C Schedule C -Property Claimed as Exempt Filing Process

The Form B-6C Schedule C for property claimed as Exempt contains only 1 page; the form will first ask for your name and your case number. Following the input of this basic information you will be required to enter the type of exemptions that are entitled to either under 11 U.S.C 522 B 2 or 11 U.S.C 522 B 3. You may also check, in the space provided, if you claim a homestead exemption that exceeds $146,450.


The petition consists of 4 columns, each column will ask for information regarding your exempt property. The first column will ask for a brief description of your exempt property; the second column will ask you to cite the specific law to warrant exemption; the third column will ask for the value of your claimed exemption; and lastly, the fourth column will ask for the current value of the property minus and deductions for exemption.

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Chapter 11 Individual or Joint Debtor Case

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Notice of Appeal under 28 U.S.C. §158(a) or (b) from a Judgment, Order or Decree of a Bankruptcy Co

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Order Finally Approving Disclosure Statement and Confirming Plan

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Notice of Need to File Proof of Claim Due to Recovery of Assets

INSTRUCTIONS: NOTICE OF NEED TO FILE PROOF OF CLAIM DUE TO RECOVERY OF ASSETS

 

A Notice of Need To File Proof of Claim Due To Recovery of Assets is sent to creditors who are involved in a bankruptcy case that assets have been recovered from the debtor and can be disbursed. This document cannot be obtained by a creditor but will be mailed to them once the assets have been secured. This document is issued by the bankruptcy court in question.

 

Notice of Need To File Proof of Claim Due To Recovery of Assets Step 1: When you receive this document, the name of the debtor, their address and social security/tax identification number, as well as the case and chapter number. Make sure this information conforms to the case you are concerned with.

 

Notice of Need To File Proof of Claim Due To Recovery of Assets Step 2: This document will state that though you did not need to file a "proof of claim" since assets had not been recovered, you now must do so. A date will be written indicating your deadline.

 

Notice of Need To File Proof of Claim Due To Recovery of Assets 3: The form will be attached along with this notification. There is no fee which is claimed in order to file this document with the bankruptcy court. Note that you may request a notification that your claim has been received either online or by enclosing a self-addressed stamped envelope along with your submitted petition.

 

Notice of Need To File Proof of Claim Due To Recovery of Assets 4: The proof of claim form differs from court to court. Generally, you will be asked to indicate your name or business name, the size of the debts you are petitioning for the date of these debts origins and all other information relevant to securing your date.

 

Notice of Need To File Proof of Claim Due To Recovery of Assets 5: Be sure to return this form to the courtroom by the date indicated at the address indicated.

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Summons and Notice of Trial in an Adversary Proceeding

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Disclosure of Compensation of Bankruptcy Petition Preparer

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Schedule D – Creditors Holding Secured Claims

INSTRUCTIONS : CREDITORS HOLDING SECURED CLAIMS (Form Schedule D)

Introduction to the Form B- 6D Schedule D – Creditors Holding Secured Claims

Form B-6D aims to acquire all information concerning your secured claims, which exist in conjunction with your bankruptcy filing.  


The first portion of the form requires you to state the name, mailing address and last four digits of any account number of all entity holdings claims secured by property of the debtor as of the date of filing the petition. The complete account number of any account you possess with the creditor is useful to the trustee and the creditor and may be provided if you choose to do so. When filing the form, you must list your creditors holding all types of secured interests such as judgment liens, statutory liens, mortgages, deeds of trusts, and other security interests. 


You must list creditors in alphabetical order to the extent practicable. If any entity other a spouse in a joint case may be jointly liable on your claim, place an “X” in the column labeled “codebtor” and include the entity on the appropriate schedule of creditors. If a joint petition is filed, state whether the husband, wife, both of the individuals, or the marital community is liable on each claim by placing an “H”, “W”, “J” or “C” in the column labeled “Husband, Wife, Joint or Community.” 


The Form B-6D Schedule D contains two pages; each page contains a number of columns asking questions pertaining to your secured holdings. The first column will ask for your creditor’s basic information, the next column will ask how the debt is filed and the 3rd column will ask the date of the claim was incurred, the nature of the lien and a brief description regarding the value of the property. The next columns will ask for a description of your claim, meaning if it is contingent, unliquidated or disputed. Following this information, you are required to detail the amount of the claim without deducting the value of collateral and list any unsecured portion.


Accessing the Form B- 6D Schedule D – Creditors Holding Secured Claims

Typically, you will be required to furnish your Form B- 6D Schedule D – Creditors Holding Secured Claims – in addition to any or all supplemental forms – to the bankruptcy court applicable to the jurisdiction within which you reside; upon contacting your jurisdictional bankruptcy court, you can access a Form B- 6D Schedule D – Creditors Holding Secured Claims, as well as supplemental bankruptcy forms required with regard to your specific circumstance. However, please make certain you have accessed the individual Form B- 6D Schedule D – Creditors Holding Secured Claims applicable to your bankruptcy filing; there exist a variety of bankruptcy claims – results of incomplete or improper filing may range from criminal charges or delayed administrative processing:


Further Assistance with the Form B- 6D Schedule D – Creditors Holding Secured Claims

Bankruptcy Fraud is an extremely serious criminal offense that can result from even the most simple over oversights upon the submission of your Form B- 6D Schedule D – Creditors Holding Secured Claims; if you need further assistance with the filing of a Form B- 6D Schedule D – Creditors Holding Secured Claims Form – as well as any or all additional documents and forms required by the State or Federal government responsible for the oversight and administrative regulation of Bankruptcy filings, please contact the applicable legal venue or financial office. In addition, hiring a bankruptcy attorney may be of value to you with regard to your current situation, which allows for supplemental legal counsel and advice.


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Chapter 11 Corporation/Partnership Case

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Discharge of Debtor

INSTRUCTIONS: DISCHARGE OF DEBTOR CHAPTER 7

 

Chapter 7 bankruptcy proceedings are for individuals or businesses that are unable to pay their debts in their entirety. In order to undertake this process, you must first complete a Chapter 7 means test. This form can be obtained from the United States Courts website. Your local bankruptcy court must then process and review this form.

 

If your request is approved, you will then be issued a Discharge of Debtor Chapter 7 form. Essentially, this form requires all creditors to cease collection actions and wait for the establishment of a payment plan. There is no way to obtain this form other than going to bankruptcy court.

 

Discharge of Debtor Chapter 7 Step 1: A judge will list the name of the bankruptcy court where you are indicated at the top of the form.

 

Discharge of Debtor Chapter 7 Step 2: Underneath this space, a judge will list your full name, including all trade, married and maiden names that you have used within the last eight years. Provide this information as required.

 

Discharge of Debtor Chapter 7 Step 3: A judge will list your address.

 

Discharge of Debtor Chapter 7 Step 4: A judge will list your Social Security Number and/or Employer Tax-Identification Number as applicable.

 

Discharge of Debtor Chapter 7 Step 5: A judge will list the number which has been assigned to your case.

 

Discharge of Debtor Chapter 7 Step 6: A judge will make sure that you understand the generic statement beneath this information. This is a brief statement that it appears that you are entitled to a stay in collection efforts.

 

Discharge of Debtor Chapter 7 Step 7: Once you are given a copy of this document, bankruptcy proceedings will continue. This document is not dissolution of all your debts. The document will list some of the debts which do not apply to Chapter 7. These include most taxes, student loan payments, fines and criminal penalties, and domestic support payments

 

Discharge of Debtor Chapter 7 Step 8: This agreement can be revoked or nullified by a judge if you are found to have concealed income or otherwise committed fraud.

 

Discharge of Debtor Chapter 7 Step 9: Due to the complexity of bankruptcy proceedings, this form also contains a notice advising applicants to obtain the assistance of a bankruptcy attorney if they have not already done so. 

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