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1 Richard J. Hollander, P.A. Melissa H. Jeda, P.A. Edward R. Miller, retired MILLER, HOLLANDER and JEDA a partnership of professional associations Attorneys at Law 5278 Golden Gate Parkway, Suite 2 Naples, FL (239) Fax: (239) Offices: Port Charlotte, FL (941) Fort Myers, FL (239) Fort Lauderdale, FL (954) ** 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 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:\forms master -word only-\what will happen next docx pg.1

2 * 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

3 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

4 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

5 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 may bring your signed paperwork if you think it will help you. 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

6 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: BE Advise ONLINE ONLY Access Attorney Code: HOLLANDER Access 24/ Attorney Code: HOLLANDER In Charge Education Foundation Debt Education & Certification Foundation Attorney Code: BTX92096 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

7 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

8 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, if you have any domestic support obligations you must wait to file this form 90 days from your final payment. If you DO NOT have any domestic support obligations you can file the form right away. Everyone must fill out and file this form. At or around 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 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

9 ** 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

10 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. Dear Creditor: SAMPLE CEASE & DESIST LETTER 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

11 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. Contact your bank or lender to set up direct payments through your bank account, this will insure timely monthly payments and is also required by your bankruptcy. The Trustee may ask for proof of any secured loan payment at any time, so please keep a record of these direct payments. 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

12 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 of my bankruptcy case and my first post-petition bankruptcy filing monthly mortgage payment. 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 Shadowlawn Drive, Suite 18, Naples, FL Telephone: (239) 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

13 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 W. Bay Street, #35045 Jacksonville, FL 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

14 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 AVOIDING LIENS ON EXEMPT PROPERTY You may have a lien on your exempt property (such as a judgment lien on your homestead or a non-possessory, non-purchase money security interest in household goods and furnishings, etc.) that may be avoided. If you have such a lien and want it removed, it is your responsibility to inform us that you desire to avoid such liens. There is an additional charge for this service. 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

15 U.S. Courthouse & Federal Building First Street Fort Myers, Florida 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

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17 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: Throughout the life of the Chapter 13 Plan, but especially prior to the completion of your plan, it is your continuing duty to inform the Trustee of any changes in the above information. Failure to do so could result in the denial or delay of your discharge. Please DO NOT file this form with the Bankruptcy Court. Please fax completed form to Jon M. Waage, Standing Chapter 13 Trustee Attn: pg.17

18 Finance and Operations M a n a g e r Kim Sawdy Systems Administrator Dennis Jackson JON M. WAAGE Standing Chapter 13 Trustee Middle District of Florida Tampa/Fort Myers Divisions Divis Senior Staff Attorney Kelly Ballard 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 5 th or the 17 th 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 17 th 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 Mail payments to: P. 0. Box 260, Memp his, TN Correspondence address: P. 0. Box 25001, Bradenton, FL Telephone (941) Toll Free Facsimile (941) Trustee Website: pg.18

19 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 pg.19

20 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 5 th of EACH MONTH 17 th of EACH MONTH TYPE OF ACCOUNT-SELECT ONE: 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.20

21 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: (Please print or type) Case Number: Names: Signed: Date: Signed: Date: pg.21

22 B 283 (Form 283) (04/10) UNITED STATES BANKRUPTCY COURT Middle District of Florida In re: Debtor Case No. 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.22

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24 BANKRUPTCY INFORMATION SHEET BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET PROVIDES YOU WITH GENERAL 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 example, 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.24

25 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.25

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37 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION In Re: Case No. Chapter 13 Debtor(s) / NOTICE OF CHANGE OF ADDRESS OF DEBTOR Effective this date, the Debtor(s) whose signature appears below hereby gives notice of their change of address as follows: OLD ADDRESS: (Debtor) (Joint Debtor) ********************************************************************** NEW ADDRESS: (Telephone Number) (Telephone Number) SIGNATURE OF DEBTOR SIGNATURE OF JOINT DEBTOR DATE: DATE: pg.37