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Notice to Creditors and Other Parties in Interest

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INSTRUCTIONS: NOTICE TO CREDITORS AND OTHER PARTIES OF INTEREST

 

Receivership is an alternative to bankruptcy that can only be undertaken by businesses, not private individuals. This process places a party, deemed a "receiver," in charge of liquidating the assets of a debtor and supervising the division of resulting proceeds among creditors. This will not eliminate debts.

 

A Notice to Creditors and Other Parties of Interest is a form that must be published in a newspaper in the county or district where receivership proceedings have been undertaken. The form itself is highly customizable, both from state to state and in the body of text placed within it. The example used here comes from the Montana Bankruptcy Court system but is similar to many others. This form will be filled out after a receiver has been placed in charge of handling this process.

 

Notice To Creditors And Other Parties Of Interest Step 1: The receiver or business filling out the form will fill out the location of the bankruptcy court which is supervising these proceedings.

 

Notice To Creditors And Other Parties Of Interest Step 2: The receiver or business will place the name or names of the debtors and businesses in question, along with other relevant information deemed necessary by the court in the applicable area, such as their address or the last four digits of their Social Security Number.

 

Notice To Creditors And Other Parties Of Interest Step 3: In the blank space provided, an explanation should be provided of the fact that a business is now in the receivership process. This section should provide a date by which creditors should submit their claim for compensation, as well as the mailing address of the receiver in charge of this process.

 

Notice To Creditors And Other Parties Of Interest Step 4: Depending on where you are completing this process, it may be necessary to obtain the signature of the bankruptcy court clerk overseeing this process.

 

Notice To Creditors And Other Parties Of Interest Step 5: A copy of this notice should be placed in the largest newspaper in the county where this process is being completed for several weeks. Whether this must be done two or three times in a row will depend on where you are. You may also be required to mail copies to all known creditors.

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Third-Party Summons

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Appearance of Child Support Creditor or Representative

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Schedule E – Creditors Holding Unsecured Priority Claims

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INSTRUCTIONS : SCHEDULE E – CREDITORS HOLDING UNSECURED PRIORITY CLAIMS (Form B-6E)


During the bankruptcy process, you will need to complete several forms documenting your assets and debts to the coordinating court system. One of these forms is Schedule E; on this particular form, you will list all of your unsecured creditors that have a distinct priority over your other creditors. In essence, these debts that you possess are of the unsecured variety, meaning they are not backed by some form of asset that would be seized as collateral if a foreclosure or default is present. 


When you list your preferred creditors, meaning those lenders who possess a distinct priority over the others, they will receive some of the proceeds from the sale of your assets, if there are any.


There are numerous types of unsecured priority claims that you may owe; in general, this will include taxes, debts owed to governments, domestic support obligations, child support obligations, wages and salaries in the case of small business owners declaring bankruptcy and other debts. If you possess any of these debts you are required to complete Schedule E.


Filling out Schedule E:

When filling out Form B-6E Schedule E, you must check the box of the type of priority claim you have. The majority of bankruptcy forms will provide specific examples and definitions for each type of debt listed. 


On the third page, after you have listed the credit types you possess, you must list the creditor’s name and address, as well as your coordinating account numbers. In the next two columns, you must list if a co-debtor is present in this respective relationship. Next, select if the debt is contingent, un-liquidated or disputed; contingent simply means that you owe the debt only if something happens first, such as a third party owes the funds and you are the co-signer of the debt. Un-liquidated debt means that you expect to have to pay the debt, but you do not know the amount of the debt.


Following the input of this information, list the amount entitled to the priority and all amounts not entitled to priority. If you owe the creditor an amount but only a portion of that debt is a priority claim, list the difference in this section. 

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Chapter 12 Individual or Joint Debtor Family Farmer

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INSTRUCTIONS: NOTICE OF CHAPTER 12 BANKRUPTCY CASE, MEETING OF CREDITORS & DEADLINES

 

Chapter 12 bankruptcy proceedings consolidate debts and create a payment plan for family farmers and fishermen. The Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines form is completed by the clerk of the bankruptcy court where these proceedings are unfolding. A copy of the form may be obtained from the United States courts website but is not for use by debtors or creditors.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 1: The clerk will enter the number and district of the court where the case is unfolding.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 2: The clerk will enter the name of the debtor who filed for Chapter 12. Alternately, if an involuntary petition for bankruptcy against the debtor was filed by creditors and converted to Chapter 12, the original case number will be listed here.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 3: The name and address of the debtor will be entered, as well as their case number, their attorney's name and address, and the name and address of their creditor.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 4: A meeting will be set to question debtors about their dates. The time and date for this meeting will be listed. Creditors are permitted but not obligated to attend.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 5: The deadline to file a proof of claim for debts will be listed, along with the date to submit an objection to the dismissal of any debts a creditor believes cannot be discharged under bankruptcy law.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 6: The clerk of the bankruptcy court will sign and date the form.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 7: Copies of this form will be submitted to all known creditors. A "proof of claim" form may be attached. Creditors must submit this form in order to collect their debts.

 

Notice of Chapter 12 Bankruptcy Case, Meeting of Creditors & Deadlines Step 8: If a proof of claim form is not attached, creditors will need to obtain one from the bankruptcy court in question.

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Form B-19 Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer

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INSTRUCTIONS : DECLARATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (Form B-19)


A Chapter 13 Bankruptcy is a debt repayment plan; in order to filing for this type of bankruptcy the individual must be employed so they can make regular payments to the Bankruptcy Court. The payments offered by the filer are then distributed among the individual’s various creditors. In most instances, an individual will be required to file this form of bankruptcy if they can pay at least 25% of their debts given their disposable income and savings. If the individual is approved for a chapter 13 filing, they will make payments for up to 5 years; the court will negotiate the filer to pay a portion of the total debts during this time. 


What are the Form B-19 Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer?

The Form B-19 Declaration and Signature of Non-attorney Bankruptcy Petition Preparer is simply a document which formally declares the individual filing the bankruptcy petition on behalf of his or her client as a bankruptcy petition preparer as defined in 11 U.S.C. In addition to affirming, under penalty of perjury, that the preparer is legally fit to commence such a filing, the document also enforces that the individual has prepared the accompanying documents listed for compensation and have provided the debtor with a copy of such documents, as well as an attached notice as required by bankruptcy law. 


The document, in addition to affirming the previous information, will legally state that  the preparer of the petition set a maximum fee of service chargeable and established to the debtor a notice of the maximum amount before preparing any document for filing. In summation, this particular form affirms that the preparer of a bankruptcy filing will legally comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure. 


Furthermore, the document contains various statements and instructions that the debtor should take not of; the notice to the debtor states the legal role of the bankruptcy petition preparer. It is important to observe, that in this note, the preparer states that he or she is not an attorney and is not legally allowed to practice law or give legal advice—they are responsible for simply preparing the documents and clarifying ambiguities or complexities associated with the particular case.

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Discharge of Debtor Before Completion of Chapter 12 Plan

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Certificate of Commencement of Case

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Summons to Debtor in Involuntary Case

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Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q)

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