COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) -against- : UNITED STATES BANKRUPTCY COURT : MIDDLE DISTRICT OF LOUISIANA : IN RE Defendant(s) : ...................................................... CASE NO. DEBTOR(S) THE PEOPLE OF THE STATE OF NEW YORK ATTORNEY DECLARATION TO I, (attorney's name), am an attorney admitted to practice before this Court and have been retained as attorney for the debtor(s) in this bankruptcy case. GREETINGS: I have generally advised the debtor(s) about (I) the scope and effect of the discharge; (ii) the option of reaffirmingYOU, that all business and excuses being statutory requirements and attend before WE COMMAND debts under 11 U.S.C. § 524, and the laid aside, you and each of you consequences of reaffirmation; (iii) the option of redemption ofCourt property under 11 U.S.C. § 722; , the Honorable at the (iv) the located at County of possible options to avoid liens under 11 U.S.C. § 522; (v) the definition of "property of inthe estate," the debtor's obligation to provide full and ,accurate disclosure theinformation, and any recessed room , on the day of , 20 at o'clock in of noon, and at the orrequirement that the debtor turn over all property of the this action on the part of the adjourned date, to testify and give evidence as a witness in estate, except that specifically exempted, to the trustee; and (vi) the possible consequences of failure to provide full and accurate disclosure of property and debts, and the failure to turn over to the trustee property which could be property of the estate,failure as revocation of discharge, interest and other contempt by court and will make you liable to Your such to comply with this subpoena is punishable as a charges of the trustee, and criminal prosecution. Ithis subpoena was issued for a maximum penalty by $50 and all the debtor(s) the party on whose behalf have specifically reviewed with the debtor(s), of reading to damages sustained as a when your failure to necessary, the content of this declaration. result ofit was thought comply. The discharge in bankruptcy is intended to relieve honest but unfortunateJustices of the Witness, Honorable , one of the debtors from oppressive debt and to provide themof with a financial fresh start. The document which notifies Court in County, day , 20 the debtor of the discharge is a court order entitled "Discharge of Debtor." It is mailed to the debtor and creditors by the bankruptcy court. (Attorney must sign above and type name below) The discharge in bankruptcy releases a debtor from any further personal liability for any debt owed to a creditor listed in the schedules filed with the court, unless the debt is a nondischargeable debt or is a debt, after timely complaint and upon final judgment, excepted Attorney(s) for from discharge. I have advised the debtor(s) as to the types of debts which are not discharged by the Order of discharge (such as many tax obligations, debts in the nature of alimony, maintenance and support, government-guaranteed student loans, debts not properly listed or scheduled, etc.) and the types of debts which may be excepted from discharge (fraud, willful and malicious Office and P.O. Address injury, fraud or defalcation while acting in a fiduciary capacity, certain community property obligations, etc.). Though nothing prevents a debtor from voluntarily repaying a discharged debt, Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. reditors can take no action to encourage or require a debtor to repay a discharged debt. They cannot personally contact a debtor at home or at work; they :cannot send demandSUBPOENA JUDICIAL letters to a Plaintiff(s) debtor; they cannot file suits against a debtor; they cannot obtain judgments against a debtor; they -against: cannot execute on property of a debtor unless the creditor holds a valid security interest in the property and, in conformity with state law and the Bankruptcy Code, is entitled to execute upon : the property; they cannot garnish a debtor's wages or take any action which harasses a debtor for having filed bankruptcy or which attempts to require repayment of any debt that has been : discharged. Defendant(s) : ...................................................... If a creditor engages in any conduct aimed at encouraging or forcing repayment of a discharged debt, the debtor should contact his or her attorney immediately so that appropriate legal action can be taken against the creditor. As part of my representation of the debtor in this THE PEOPLE OF THE my responsibility YORKon behalf of the debtor to protect the debtor's rights case, I acknowledge STATE OF NEW to act under his or her discharge and to bring to the bankruptcy court's attention, if necessary or proper, TO actions thought by me to be in violation of the Order of Discharge. There are differences between secured and unsecured debt and in the manner in which a debtor may GREETINGS: treat a secured debt in a Chapter 7 bankruptcy case. Some debtors may desire to surrender property which is collateral or security for a secured debt. Upon surrender of the property to COMMAND YOU, that all business and liability being laid aside, you anddebtors will attend before WE the creditor, the debtor has no further excuses to the creditor. Some each of you , the Honorable Court redeem property pledged as security for a debtat the by paying the creditor the fair market value of the located reaffirm the debt secured by the debtor's property. County of Other debtors may wish to at property. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give reaffirmation witness in thisdebt only the partthe the evidence as a of a secured action on where of value of the Debtors should consider property equals or exceeds the debt, and the payments on the debt are reasonable and within the debtor's means. To reaffirm a debt, the debtor must sign a new agreement with the creditor, and that agreement, alongcomply with this subpoena is punishable as a contempt of court and will524(c), if liable to Your failure to with an attorney's affidavit or declaration pursuant to 11 U.S.C. § make you applicable, must be filed with the court within for a maximum penalty the Local all damages the party on whose behalf this subpoena was issuedthe time afforded underof $50 and Rules of thesustained as a result of your failure to comply. United States Bankruptcy Court for the Middle District of Louisiana. Even after signing a reaffirmation agreement, the debtor still has a right to cancel that reaffirmation at any time prior Witness, or within one of whichever is later to the discharge,Honorable 60 days after filing the Agreement with the, Court, the Justices of the (30 in Court days for cases filed before October 8, 1984) by 20 County, day of , taking the proper action to rescind it. A debtor should consider the effect of a catastrophic event, such as medical problems, on the debtor's ability to pay any reaffirmed debts because, once a Chapter 7 discharge is received, a debtor cannot again seek this same benefit for six years. I have reviewedabove and type name below) (Attorney must sign with the debtor(s) the substantive and form requirements of § 524(c) and recognize, as a component of my attorney obligation, my responsibility to advise the debtor(s) as to whether or not the reaffirmation agreement(s) in connection with which I assist the debtor(s) comply for § 524(c). Attorney(s) with I have informed the debtor of his or her obligations under this Court's Local Rules (particularly rules 4008-1 and 4008-2) in the event the debtor wishes to reaffirm a debt without my assistance in the course of negotiating the agreement or in the event I, in fulfillment of my Office and P.O. Address ethical duties to my client, cannot assist or provide the debtor with the declaration or affidavit as required by 11 U.S.C. § 524(c)(3). Further, I have advised the debtor of the consequences of Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. failure to comply with this Court's Local Rules in this event, and of the necessity of court : approval of such an agreement. JUDICIAL SUBPOENA Plaintiff(s) -against- : I have informed the debtor(s) that he (she) has fulfilled the requirements of the Bankruptcy Code and, as of the date of the entry of the Discharge Order, will receive the fresh : start envisioned by the Code. I have further urged the debtor(s) that debt should be avoided which would again place the debtor(s) in a position to need :protection under the bankruptcy law. I have advised the debtor of my willingness to assist in negotiating reaffirmation agreements that Defendant(s) : . .I, .in .performance. of .my.representation .according .to.ethical. standards, can make the subject of a . . .......... .. .. ............ ........ . ..... . declaration or affidavit conforming to the requirements of 11 U.S.C. § 524(c)(3). , Louisiana, this day of , 20 . THE PEOPLE OF THE STATE OF NEW YORK TO (Debtor's attorney) GREETINGS: The undersigned debtor(s) in business and excuses being laid hereby acknowledge(s) attend WE COMMAND YOU, that all the captioned bankruptcy case aside, you and each of youthat before , the Honorable at Court , my/our I/we have read the Attorney Declaration and thatthe located as County of in this case as advised me/usat is stated in the Declaration. attorney in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (Debtor) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, (Debtor) day of , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com