Bede Music Box

www.flsb.uscourts.gov A.GEOGRAPHIC BOUNDARIES B.LOCATION OF CLERK'S OFFICES Claude D. Pepper BuildingMonday - Friday 51 S.W. 1st Avenue #15109:00 am - 4:30 pm 299 E. Broward Blvd.Monday - Friday Room 1129:00 am - 4:30 pm (954) 769-5700 The Flagler Waterview BuildingMonday - Friday 1515 North Flagler Drive9:00 am - 4:30 pm *Any party seeking to conventionally file an emergency or otherwise time sensitive paper during a time period when the clerk’s offi ce is not open to the public shall, in advance, contact the clerk or chief deputy clerk to request after hours, ho liday, or weekend filing accommodations. [See C.SEARCHING FOR CASE INFORMATION 1.See “Clerk’s Instructions for Electronic Public Access Services” . Limited case information will be provided by the clerk’s office in response to telephone inquiries. This information includes: case type, case number, chapter, assigned judge, date filed, date discharged, date closed, primary party names, addre sses, phone numbers, and NARA’s (National D.LOCATION OF FILES Paper case files are not maintained for cases f iled on or after October 17, 2005. Documents filed in cases filed prior to October 17, 2005, and still pending before the court are located in the clerk's office in the division where the assigned judge is chamber ed. Documents filed in any case on or after October 17, 2005, must be accessed electronically, either by using the clerk’s office public terminals or by obtaining an account with the PACER Service Center. See E.BANKRUPTCY RULES AND FORMS he local rules, adminis trative orders, court guidelines and clerk’s instructions of this cour F. FILING FEES, GENERALLY The clerk may refuse to accept for filing any The clerk may refuse to accept for filing For information about this requirement see section Conventionally filed (in paper) documents may be fil ed in any division. Unless directed by the court, do not deliver any papers to a judge’s c hambers. [See Local Rule 5005-1(B).] Any J. COURTESY COPY NOT REQUIRED Documents filed electronically or In addition to the other informational guidelines supp lied by the clerk's office, please review the following items 1 through 14 below to ensure that your papers are prepared in the correct format using the correct forms and that other clerk's in structions are followed. The following pages list the papers required by chapt of the Bankruptcy Code,” “Notice to Pro Se Debtors” and a “Notice of New Photo Identification Requirement requesting payment in installments or a chapter 7 indivi dual debtor is seeking a fee waiver. The in installments if filing fees remain due fr om any previous case filed by that debtor unless the application is accompanied by payment of all previously due fees. Local Rules 1002-1(B)(1)(b) and 1006-1(A)]B. Chapter 7 Fee Waiver Applications. Individual debtors in chapter 7 cases who by an attorney must present current official government photo identification at the time /ECF to electronically file their documents must sign the Local Form "Dec laration Under Penalty of Perjury to Bankruptcy Form “Sta tement of Social- Security Number(s) (or other Individual Taxpayer-Identificati on Number(s) (ITIN(S))” at the 5. Exhibit D Exhibit D, the “Individual Debtor’s Stat ement of Compliance with Credit Counseling Requirement” must be submitted at the time of filing the petition. If a joint case, the husband and wife must each submit a separate signed Exhibit D. If checking box 3, the required summary of exigent ci must accompany Exhibit D. If box 2 is c hecked indicating that counseling was received but the certificate was not ava ilable at the time of filing through the agency must be fil ed within 14 days of the date Follow the instructions contained in “Clerk’s Instructions for Preparing, Submitting and Obtaining Service Matrices”. Do not follow t he instructions that co me with the kit you may have purchased from an office supply store. DO NOT PUT ANY OTHER INFORMATION THE INSTRUCTIONS REQUIRE. FAILURE TO COMPLY WITH MATRIX REQUIREMEN TS MAY RESULT IN DISMISSAL OF YOUR 7. Schedules Use the latest version posted on the c ourt website. When filing schedules, submit everything listed in these Instru ctions required for the chapter you are filing, even if you . Do not omit the schedules you think are unnecessary because you don't have any real property, secured creditors and statements and any amendments. [See Clerk’s Instructions for Preparing, Submitting and Obtaining Service Matrices”. Local Rules 1007-1, 1007-2, and 1009-1; and see also Local Rule 1009-1(D)(4) Re: Deadline for Amendments in Unconfirmed Chapter 13 8. Chapter 13 Plan If filing a chapter 13 case, the plan must be submitted on the local form required by Local Rule 3015-1(B)(1). [See Local Rule 3015-1(B)(2), and Local Rule 3015-2(A) “Deadline for Filing Amended Plan”.] You must start making your plan payments to your chapter 13 10. Refiling after Dismissal case by any bankruptcy court, a copy of the dismissal order and any prior case dismissed by an order which prohibited the debtor fr om filing for a period of time 7, 11, or 13 case who hav e filed a previous case or case(s) at any time should be aware that, prot ection of the automat ic stay may be limited U.S.C. §362(c)(3) and 11 U.S.C. §362(c)(4).] 11.Debtors Filing Without an Attorney or wi , the debtor should prov phone number where the debtor can be reached. An attorney er's name, address, soci al security number and telephone number [see 11 U.S.C. §110], and file Official Bankruptcy Form Form “Debtor’s Notice of Compliance Information”. Requests for amendments to a debtor ’s social security number must comply with Local Rule 1009-1(C). If attempting to amend schedules to add creditors after a case is closed, please refer to Local Rule 5010-1( B). Registered CM/ECF users must file the Local Form “Declaration Under Penalty of ee with a copy of their federal their federal income ney representation (pro se) must provide photocopies of debtors’ official government phot o identification at the time ent of Compliance with Credit Counseling Requirement” and submit it at the time of filing the petition. If a joint case, the husband and wife must each subm it a separate signed Exhibi t D. If checking box 1, a copy of the certificate from t he agency and any debt repayment plan developed through the agency must accompany Exhibit D. If box 2 is che cked indicating that counseling was received but the certificate wa s not available at t he time of filing the agency must be filed within 14 days of 12.Schedule I - Current Income of I 13.Schedule J - Current Expenditures of 14.Unsworn Declaration Concerning Debtor's Schedules 15.Statement of Financial 16.Chapter 7 Individual Debt *17.List of Creditors (if schedules 1.Official Bankruptcy Form “Disclosure of Co mpensation of Attorney for Debtor” (if debtor *2.Official Bankruptcy Form “Disclosure of Co mpensation of Bankrupt *5.Creditor Matrix filed in accordance with the “Clerk’s Instructions fo r Preparing, Submitting 6.Local Form “Declaration Regarding Payment Advices” with atta ched copies of all payment advices or other evidence of paym ent received within 60 days before the date 7. Official Bankruptcy Form 22(A) (Chapter 7) - “Statement of Current Monthly Income and Means Test Calculation for Us e in Chapter 7 Only)” (requir ed for all individual debtors). *8. If debtor was assisted by or must file the Official Bankruptcy Form “Debtor’s Certification of Debtors must provide the trustee with a copy of their federal income A.Individual debtors must obtain credit couns rney representation (pro se) must provide current photocopies of debtors’ official government photo identification at the time of filing Requirement” and submit it at the time of through the agency must accompany Exhibit D. If box 2 is checked indicating that counseling was received but the at the time of filing the he agency must be filed within 14 days 14.Schedule I - Current Income of Indi 15.Schedule J - Current Expenditures of I 16.Unsworn Declaration Concerning Debtor's Schedules 17.Statement of Financia 18.List of Equity Security Ho *19.List of Creditors (if 1.Official Bankruptcy Form “Disclosure of Co mpensation of Attorney for Debtor” (if debtor *3.Creditor Matrix fil ed in accordance with the Clerk’s Instructions for Preparing, 4.Plan and Disclosure Statemen t. Note: See Clerk’s Instruct ions for Chapter 11 cases for 5. Pursuant to Local Rule 2081-1(A), chapter 11 debtors, exc engaged in business, are required to file within 14 days after filin s Tax Reports”. Only the original (with *6.Corporate Ownership Stat ement (as required by Bankr uptcy Rule 1007(a)(1) and Local Rule 1002-1(A)(2)). Please note Local Rule 1002-1(A)(2) definition of parties falling *7.Official Bankruptcy Form “Statement of Social-Security Numbe r(s) (or other Individual Taxpayer-Identification Number(s) (ITIN(S))” (r equired for all individual debtors). This 8.Local Form “Declaration Regarding Paym ent Advices” with attached copies of all payment advices or other evidence of paym ent received within 60 days before the date 9. Official Bankruptcy Form 22(B)(Chap ter 11) "Statement of Current Monthly *10.If debtor was assisted by ed by 11 U.S.C. §1116(1) , debtors’ most recent required under Local Rules 3022-1(B) and 4004-3(A)(9), the Local Form “Notice of Deadline to Object to Debtor’s Statements Re: 11 U.S.C. §522(q)(1) Applicability, Payment of Domest ic Support Obligations and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge” must be filed and serv 14.Local Form “Chapter 11 Case Management Summary” as required under Local Rule 2081-1(B) must be filed within the earlier of three business days after relief is entered or one business day prior to the date of the first scheduled hearing. This summary must 15.If applicable, Official Bankruptcy Form B Debtors must provide the trustee with a copy of their federal income rney representation (pro se) must provide current photocopies of debtors’ official government photo identificat ion at the time of filing ent of Compliance with Credit Counseling Requirement” and submit it at the time of through the agency must accompany Exhibit D. If box 2 is che counseling was received but the certificate was not available at the time of filing the agency must be filed within 14 days 10.Schedule H - Codebtors 11.Schedule I - Current Income of I 12.Schedule J - Current Expenditures of 13.Unsworn Declaration Concerning Debtor's Schedules 14.Statement of Financial Affairs and unsworn declaration *15.List of Creditors (if schedul 1.Official Bankruptcy Form “Disclosure of Co mpensation of Attorney for Debtor” (if debtor *2.Official Bankruptcy Form Disclosure of Co *5.Creditor Matrix filed in accordance with the “Clerk’s Instructions fo r Preparing, Submitting 6. Local Form “Declaration Regarding Paym ent Advices” with attached copies of all payment advices or other ev idence of payment received wit hin 60 days before the date *7. If debtor was assisted by a bankruptcy , as required under Local Rules Local Form “Notice of Deadline to Object to Debtor’s Statements Re: 11 U.S.C. §522(q)(1) Applicability, Payment of Domest ic Support Obligations and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge” must be filed and served before the court may Note to Chapter 13 Debtors - You must start making plan payments to the chapter 13 the court (see Chapter 13 Guidelines for Compensation for Chapter 13 Attorneys). You must provide the trustee with a copy of rney representation (pro se) must provide current photocopies of debtors’ official government photo identification at the time of filing te Exhibit D to the Volunt ent of Compliance with Credit Counseling Requirement” and submit it at the time of through the agency must accompany Exhibit D. If box 2 is che counseling was received but the certificate was not available at the time of filing the agency must be filed within 14 days of the date of filing 12.Schedule I - Current Income of Individual Debtor 13.Schedule J - Current Expenditures of Individual Debtor 14.Unsworn Declaration Concerning Debtor's Schedules 15.Statement of Financial Affairs and declaration *16.List of Creditors (if schedul 1.Official Bankruptcy Form “Disclosure of Co mpensation of Attorney for Debtor” (if debtor *2.Official Bankruptcy Form Disclosure of Co 4.Local Form Chapter 13 Plan [See also Local Rule 3070-1(A)(1) for deadline for debtor to commence payments to the *5.Official Bankruptcy Form “S tatement of Social-Security Number(s) (or other Individual This document will not be placed in the 6. Local Form “Declaration Regarding Paym ent Advices” with attached copies of all payment advices or other evidence of paym ent received within 60 days before the date 7. Official Bankruptcy Form 22(C) (Chapter 13) "Statement of Current Monthly Income and Bankruptcy Form “Debtor’s Certification of st also file the Local Form “Debtor’s Certificate of Compliance, Motion for Iss uance of Discharge and Notice of Deadline to The clerk will generate the form “Summons to Debtor in Involuntary Case” and provide a required by Local Rule 5010-1(B); amended schedules must be accompanied by a $30 fee and filed in accordance with Local Rule To avoid a judicial lien: Chapter 7 filing fee $260; c hapter 13 filing fee $235; and chapter 11 fili ng fee $1000. 4. To request issuance of a discharge in a chapter 7 or 13 case upon the filing of Official Bankruptcy Form “Debtor’s Cert previously closed after confirmation of a plan but prior to entry of discharge: No To reopen a case to file a motion to redact personal information in a closed case. *1.Administrative Office of t he U.S. Courts Director’s Form “Adversary Proceeding Cover Registration of a judgment in another district (see above); a mo tion for a protective order, or to quash a subpoena issued in a case pending in another a copy of the claim must be mailed to the Unless the court directs otherwise, all proofs of claim must be f the Official Bankruptcy Form “Proof of Claim.” If you wish to receive an acknowledgment from the clerk that your claim has been filed, you must include a copy of your claim with an adequate size self-addressed envelope containing sufficient As a debtor you must attend a m under the “Bankruptcy Reform Information” link You must file Exhibit D to t atement of Compliance with Credit Counseling Requirement” and, as applicable, file t motion. See clerk’s more information. Both husband and wife must can receive a discharge, the debtor (both debtors in husband and under the “Bankruptcy Refo rm Information” link Debtors who are not represented by an attorney must present curr ent official government photo uptcy process. The link is: or (or both debtors if husband and ent to the presiding officer at ber, or if applicable, Ta [See also Local Rules 5072-2 and 5073-1 regarding se curity regulations and access to the court notice contains your correct name, address, and social security number (or, if applicable, tax i dentification number) and to notify the clerk’s office if you find an error. Notices mailed to your cr editors will have your address or, if represented by If you filed a chapter 7, 11 or 12 case, you and your creditors s hould receive a copy of this notice no later than 7-10 days after you filed your bankrupt hall provide to the trustee all documents listed in the Trustee’s Notice of Required Documents and provide tax re turns in accordance with 11 U.S.C. §521(e) and (f) and §1308. DO NOT FILE THESE DOCUMENTS OR A CERTIFICATE OF SERVICE OF THESE DOCUMENTS WITH THE COURT, UNLESS ORDERED BY THE CO URT TO DO SO. If you do not receive notice of your 4. WHAT SHOULD I DO WITH THE MA IL THAT WAS ADDRESSED TO MY CREDITORS received a bypass notice from the Bankruptcy Noticing Center (BNC) and is using it to change a previously submitted creditor address. READ THIS MPLIANCE WITH CREDIT COUNSELING of the following conditions. [See 11 U.S.C. §109(h)(3).] ning credit counseli ng before filing. you file without taking the course, you are risking dismissal of your case. The clerk cannot provide legal advice or predict in advance how a judge will decide e clerk a list of United States Trustee approved pre- bankruptcy There is a fee for taking this course. If you are unable to pa y the fee, the agency must provide the course for free. See 11 U.S.C. §111(c)(2)(B). A free on-line counseling course is available at this US Trustee approved provider site: http://www.consumerbankruptcycoun seling.info/cbcp/about.html You may take the course on a computer. If you don’t have a computer, your public library may allow you to use their public computers. B 201A (Form 201A) (11/11) In accordance with § 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services available from cred it counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek With limited exceptions, § 109(h) of the Bankruptcy discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduc t described in the Bankruptcy Code, the court may you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; d in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar five years, depending upon your income and other factors. The court must approve your plan before it can take support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization ($1000 filing fee, $46 administrative fee: Total fee $1046) Chapter 11 is designed for the reorganization of a busine ss but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availability of Ba with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United Stat es Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. B 201B (Form 201B) (12/09) I (We), the debtor(s), affirm that I (we) have received and r Printed Name(s) of Debtor(s) Signature of Debtor Date Case No. (if known) ____________________ X___________________________________ Attach a copy of Form B 201A, Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code. Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) tice to the debtor. The Declarations made by debtors and son presenting a notarized power of attorney authorizing that person s (and any person holding power of attorney authorizing that person to file on behalf of the deb tor) must present photo identificat nment issued identification must DADE AND NORTH DADE DIVISION CODE 5 CASES: NANCY HERKERT, P.O. B ox 279806, Mirama r, FL 33027; Phone: (954) 443-4402; Web page All chapter 13 plan payments be mailed to a lock box at the following address: NANCY N. HERKERT, CHAPT ER 13 TRUSTEE, P.O. BOX 2099, MEMPHIS, TN 38101-2099. 33355-9007; Phone: (954) 382-2001 All chapter 13 plan payments be mailed to a lock box at the following address: ROBIN R. WEIN ER, CHAPTER 13 TRUSTEE, P.O. BOX 2258, MEMPHIS, TN exception applies. You must file Exhibit D Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object” as required by Local If you are paying your filing fee in installments a nd fail to timely make a payment, your case will be dismissed without further notice. See Local Rule 1006-1(A)(4) See Local Rule 3070-1 for information on the status pre-confirmation payments. See Local Rule 3015-3(B) for information on the chapter 13 confirmation process.