(b) REQUIRED INFORMATION. In all motions under 11 U.S.C. § 362 (d)(1) or (d)(2) in any chapter 7, 11, 12 or 13 case, the moving party seeking relief from stay with respect to an individual debtor’s principal residence shall include a separate verification by a person with personal knowledge of the facts, which shall provide the following information:
(1) Evidence of standing. Evidence that the moving party has standing to bring the motion, including, at a minimum, a) a copy of the note , b) a copy of the mortgage; c) evidence of perfection of the mortgage; and d) if the movant is not the original mortgagee, evidence that the movant has authority to make the motion.
(2) Description of property. The legal description and any street address, including zip code, of the property.
(3) Value. The current tax-assessed value of the property and the movant’s estimated current market value.
(4) Loan History. If the motion alleges a default in making payments to the movant, a complete loan history, indicating all advances made to or charges of any kind made against the debtor beginning on the date of the default applicable to this motion, up to the date the motion is verified. The loan history shall be provided on Local Form 4001-1.
(5) Equity. If the amount of equity is at issue, the name of all other lien holders, the amounts due, as scheduled or as provided in any proofs of claim, and their priority with respect to the movant.
(6) Payments to Chapter 13 Trustee. If the motion alleges a default in making plan payments to the chapter 13 trustee, the month, amount, and current status of such payments.
(c) If the proposed order provides for relief as to collateral, it shall substantially conform to Local Form 4001-2(a) (pre-discharge) or Local Form 4001-2(b) (post-discharge).
(a) STATEMENTS TO SUPPORT MOTION. The debtor shall attach separate verified statements regarding the following items to any motion for use of cash collateral: 1) the debtor’s calculation of the amount of debt secured by the collateral; 2) the debtor’s description of the collateral and estimate of the collateral’s value on the date of the filing of the petition and at the beginning of the period of time for which the debtor currently seeks authorization to use cash collateral; 3) the debtor’s description of the collateral and estimate of the collateral’s value at the end of the period of time for which the debtor currently seeks authorization to use cash collateral; and 4) the debtor’s cash flow projections.
(b) PRELIMINARY HEARING. If the hearing on a motion for use of cash collateral is a preliminary hearing pursuant to Federal Rule of Bankruptcy Procedure 4001(b)(2), the debtor’s separate verified statement shall contain an itemization of the proposed uses of cash collateral that are required to avoid immediate and irreparable harm to the estate pending a final hearing on the motion.
The debtor shall immediately file a change of address whenever the debtor’s mailing address is changed or needs correction. The mailing address of the debtor stated in a voluntary petition shall be the address for service by mail of any document upon the debtor unless the debtor files such change of address.
(a) OBJECTIONS. An objection to a claim of exemption shall be made by motion. If an amendment to a claim of exemption is filed after an objection has been filed, the objection shall be deemed an objection to the amended claim of exemption. If an objection was filed and not withdrawn and the court did not rule on the objection before the case was closed, the objection shall be deemed withdrawn.
(1) Form; Issuance. Except as provided in subparagraph (2) of this paragraph, the clerk shall, upon request, issue a certificate regarding property claimed as exempt. The certificate shall conform substantially to Local Form 4003-1, and copies of schedule C and any amendments shall be attached.
(aa) Chapter 7, 12 and 13 Cases. Unless the court orders otherwise, the clerk shall not issue a certificate less than 31 days after: 1) the first date set for the meeting of creditors or 2) the date on which the schedule C or any amendment thereto was filed, whichever is later. The clerk also shall not issue a certificate if: 1) the trustee in a chapter 7 case has timely filed a notice of nonconcluded meeting of creditors and the trustee has not filed a report indicating that the meeting has been concluded ; 2) any objection to a claim of exemption has been filed, whether or not an amended schedule C has been filed, unless the objection has been resolved, in which event the clerk shall note the results of such resolution on the certificate; or 3) the time for filing objections has been extended and the period has not expired.
(bb) Chapter 11 Cases. Unless ordered otherwise, the clerk shall not issue a certificate until after confirmation of a plan.
(a) DISCHARGE AFTER PLAN PAYMENTS COMPLETED. Upon completion of all applicable payments under the plan or modified plan in a chapter 12 or 13 case, the trustee shall file a final report and account. Upon the filing by the debtor of Local Form 4004-1, the court will forthwith enter an order discharging the debtor without further hearing, unless the debtor is ineligible for discharge. Upon completion of all applicable payments under the plan or modified plan in an individual chapter 11 case, the debtor shall file a motion for discharge.
(b) HARDSHIP DISCHARGE. If a debtor in a chapter 12 or 13 case files an application for discharge under §§1228(b) or 1328(b) of the Code, the court will enter an order setting the date for a hearing and fixing the time for filing a complaint to determine the dischargeability of a debt.
If the trustee in a chapter 7 case serves and files a notice of nonconcluded meeting of creditors under Local Rule 2003-1, the court may defer entry of discharge until the trustee files a report stating that the meeting has been concluded.
(a) HEARING. If a reaffirmation agreement that was made after the filing of the petition but before entry of the discharge is filed with the clerk under §524(c)(3) of the Code, and if the debtor was not represented by an attorney during the course of negotiating such agreement or if the non-debtor party to the agreement is the debtor’s attorney, the clerk shall schedule a discharge hearing under §524(d) of the Code and give notice of the hearing to the debtor, the attorney for the debtor, the creditor, the trustee and the United States Trustee.
(b) FORM. An agreement to reaffirm a debt in whole or in part shall conform to Local Form 4008-1(a) and shall be accompanied by the cover sheet for reaffirmation agreement (Official Form 427).
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“All I can say is wow! From the moment I walked in the door I felt welcome and better right away! Everyone one treated me like me like my story actually mattered! I worked with Misty Myers and she was such an amazing person to work with! She made things so easy and just took charge right away with trying to help! I highly recommend Kain and Scott! I couldn't be happier with how I was treated!”
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“Even from the first conversation I had on the phone regarding their services, I knew I was going to choose them. I made an appointment for the following week and was welcomed with no judgement. The whole process was fast and efficient. I worked personally with Misty, Samantha, and Callie but everyone there was extremely helpful when I had questions. There was little to no paperwork and they did most of the work for me. My only regret was not filing sooner!”
- Megan W.
“The staff at Kain & Scott were amazing! They make you feel very comfortable from the first time you step in the door. Everything is well organized and they respond quickly to any questions you have. Shout out to Wes, Calli, Megan, Sarah, and Lindsey you all were great in helping me get my life back. Keep up the good work!!”
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“I have to say I have had the greatest experience filing bankruptcy with Kain&Scott. Kelsey B Quarburg and Jesse A Horoshak were two of the most professional attorneys I have ever worked with. Jesse showed up at my 341 meeting totally prepared. Other attorneys along with their clients weren't. Jesse and I weren’t called up first, so I had the privilege of seeing how this meeting would work. The first two clients and attorneys weren’t prepared at all, they were told by the federal trustees,that they were missing paperwork and information. It took these two clients and attorneys 20 minutes each to get through the process. Jesse had 1 client he was representing before me. The process was flawless, 5 minutes and the process was complete. My meeting took 5 minutes. It proved to me choosing the best law firm matters. Kelsey B Quarburg is the best. She was very professional yet she was also human. She would respond to my emails at odd times of the day and night. She kept me informed every step of the way. Thank you both. Thank you Callie for making sure my paperwork was forwarded and up to date. What a team. Thank you all so much for a job well done ,and I mean this from the bottom of my heart. Once again thank you all,for giving my life back. GOD BLESS YOU ALL ”
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“Stellar customer service and you have the “how can I help you” staff! You made my future easier to handle and I have so much more confidence especially with your staff behind me. I appreciate all your help and time you spend helping me address my credit. ”
- Nancy N.
“I am very fortunate to have found Kain & Scott. They made my experience fast, friendly and trustworthy. Thank you to Megan R. for being flexible with payment arrangements and really understanding what other people may be going through and how to do what is best for them. 😊 Thank you to Stephanie Buerger as well,for being very welcoming and easy to work with during my initial info gathering. Thank you gals for making my experience a low stress to the point “filer friendly” experience. ”
- Scott K.