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Notice Of Chapter 7 Bankruptcy Case-Proof Of Claim Deadline Set Form. This is a Official Federal Forms form and can be use in General Bankruptcy.
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Tags: Notice Of Chapter 7 Bankruptcy Case-Proof Of Claim Deadline Set, B309B, Official Federal Forms Bankruptcy, General
Information to identify the case: Debtor 1 __________________________________________________________________ First Name Middle Name Last Name Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ EIN ___ ___ ___ ___ ___ ___ ___ ___ ___ Debtor 2 (Spouse, if filing) First Name ________________________________________________________________ Middle Name Last Name Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ EIN ___ ___ ___ ___ ___ ___ ___ ___ ___ United States Bankruptcy Court for the: ______________________ District of _________ (State) [Date case filed for chapter 7 [Date case filed in chapter _____ Case number: _______________________________________ ______________ MM / DD / YYYY OR ______________ MM / DD / YYYY ______________] MM / DD / YYYY Date case converted to chapter 7 Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set For the debtors listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered. 12/15 This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors or the debtors' property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney's fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay. The debtors are seeking a discharge. Creditors who assert that the debtors are not entitled to a discharge of any debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office within the deadlines specified in this notice. (See line 9 for more information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov). The staff of the bankruptcy clerk's office cannot give legal advice. To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court. Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court. About Debtor 1: 1. 2. About Debtor 2: Debtor's full name All other names used in the last 8 years Address If Debtor 2 lives at a different address: 3. 4. Debtor's attorney Name and address Contact phone Email Contact phone Email ______________________________ ______________________________ ______________________________ ______________________________ 5. Bankruptcy trustee Name and address For more information, see page 2 Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set page 1 American LegalNet, Inc. www.FormsWorkFlow.com Debtor _______________________________________________________ Name Case number (if known)_____________________________________ 6. Bankruptcy clerk's office Documents in this case may be filed at this address. You may inspect all records filed in this case at this office or online at www.pacer.gov. Hours open Contact phone ______________________ _______________________ 7. Meeting of creditors Debtors must attend the meeting to be questioned under oath. In a joint case, both spouses must attend. Creditors may attend, but are not required to do so. _______________ at Date ___________ Time Location: The meeting may be continued or adjourned to a later date. If so, the date will be on the court docket. [The presumption of abuse does not arise.] [The presumption of abuse arises.] [Insufficient information has been filed to permit the clerk to determine whether the presumption of abuse arises. If more complete information is filed and shows that the presumption has arisen, the clerk will notify creditors.] 8. Presumption of abuse If the presumption of abuse arises, you may have the right to file a motion to dismiss the case under 11 U.S.C. § 707(b). Debtors may rebut the presumption by showing special circumstances. 9. Deadlines The bankruptcy clerk's office must receive these documents and any required filing fee by the following deadlines. File by the deadline to object to discharge or to challenge whether certain debts are dischargeable: You must file a complaint: Filing deadline: __________________ if you assert that the debtor is not entitled to receive a discharge of any debts under any of the subdivisions of 11 U.S.C. § 727(a)(2) through (7), or if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6). if you assert that the discharge should be denied under § 727(a)(8) or (9). You must file a motion: Deadline for all creditors to file a proof of claim (except governmental units): Deadline for governmental units to file a proof of claim: Deadlines for filing proof of claim: Filing deadline: __________________ Filing deadline: __________________ A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk's office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed. Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important non