West Virginia Bankruptcy Seminar - Session Three

Completing and Filing:

  • Chapter 7 petition

  • Schedules

  • Statements

  • Disclosures

  • Means Test

  • Mailing List

  • Credit Counseling

  • Pay Advices

  • § 342(b) Notice

The Application workshop is a self-paced, hands-on learning environment covering the filing of a fictitious case and multiple, subsequent case events in the CM/ECF training database for either the Northern or Southern District Bankruptcy Court.

We designed the application workshop for attorneys, paralegal staff, and other office support staff who wish to know more about the bankruptcy processes in West Virginia. Subject matter experts are available to answer questions and provide instructions as questions arise.

Commercial filing software is not available for this activity. The courts are providing a limited number of laptop computers for the application workshop.

Presenter Information

Ryan Johnson is the Clerk of the Bankruptcy Court for the Northern District of West Virginia.

Matt Hayes is the Clerk of the Bankruptcy Court for the Southern District of West Virginia.

James Voithofer is the career law clerk to Bankruptcy Judge Patrick M. Flatley in the Northern District of West Virginia.

McKay Wycoff is the career law clerk to Bankruptcy Judge Frank Volk in the Southern District of West Virginia.

Anita Swaton is the Chief Deputy Clerk for the Bankruptcy Court for the Northern District of West Virginia where she has worked since 1982.

Leslie Gallian is the Chief Deputy Clerk of the Bankruptcy Court for the Southern District of West Virginia where she has worked since 1994.

Jennifer Mattern is an Operations Specialist at the Bankruptcy Court for the Northern District of West Virginia where she has worked since 1997.

*Subject matter experts will rotate through the application workshop throughout the day.


Motion to Redeem

  • Declaration

  • Certificate of Service

  • Proposed Order

In a Chapter 7 case, you will complete and file a motion to redeem furniture. At the time of filing, the Debtor owes $2,600 to a creditor holding a purchase money security interest. The Debtor thinks the furniture is worth $500. File the motion in the CM/ECF training database and find out what happens next.


Reaffirmation

On the Chapter 7 debtor’s statement of intention, he indicated that he wanted to reaffirm a debt secured by his residence. On behalf of the creditor, you will complete the reaffirmation agreement and send it to debtor’s counsel. Then, as debtor’s counsel, you will evaluate whether to sign the agreement and file it in the CM/ECF training database.


Motion to Avoid Judicial Lien Under 11 U.S.C. § 522(f).

  • Motion

  • Certificate of Service

  • Proposed Order

A hospital holds a judgment lien against the Debtor for pre-petition services. Complete a motion to avoid the judicial lien and file it in the CM/ECF training database.


Motion to Dismiss Chapter 7 Case for Abuse

The Office of the United States Trustee moves to dismiss or convert the Debtor’s Chapter 7 case for abuse under 11 U.S.C. § 707(b). File a response on behalf of the Debtor.


Motion to Avoid Judicial Lien Under 11 U.S.C. § 522(f).

  • Motion

  • Certificate of Service

  • Proposed Order

A hospital holds a judgment lien against the Debtor for pre-petition services. Complete a motion to avoid the judicial lien and file it in the CM/ECF training database.


Motion to Dismiss Chapter 7 Case for Abuse

The Office of the United States Trustee moves to dismiss or convert the Debtor’s Chapter 7 case for abuse under 11 U.S.C. § 707(b). File a response on behalf of the Debtor.


Motion to Convert Case from Chapter 7 to Chapter 13

  • Motion

  • Certificate of Service

  • Proposed Order

After consultation with the Debtor, the Debtor desires to convert his Chapter 7 case to Chapter 13. File the necessary documents to effect the conversion.


Amended Schedules on Conversion

  • Completion

  • Filing

The Debtor purchased a new automobile before converting his case to Chapter 13. In the converted case, file Amended Schedules A/B, D, C, J, Summary of Schedules, Declaration of Schedules, Statement of Compensation, Chapter 13 Statement of Current Monthly Income, and Chapter 13 Statement of Disposable Income.


Order on Amended Schedules

Receive a court order on the filing of the amended schedules and determine if any action is required.


Chapter 13 Plan

  • Completion

  • Filing

  • Notice of Confirmation Hearing

File a Chapter 13 plan on behalf of the Debtor that accomplishes the Debtor’s stated goals and which still presents a plan that is feasible. Receive a notice of the date first set for confirmation of the plan.


Motion to Value

  • Motion

  • Declaration

  • Certificate of Service

  • Proposed Order

In conjunction with the Chapter 13 plan, file a motion to value the Debtor’s furniture. At the time of filing, the Debtor owes $2,600 to a creditor holding a purchase money security interest. The Debtor thinks the furniture is worth $500.


Adversary Proceeding to Strip Off a Second Mortgage

  • Complaint

  • Summons

  • Summons Service Executed

Assuming some facts that are not part of the previous learning modules, complete an adversary complaint to strip off a wholly unsecured second mortgage in the Debtor’s Chapter 13 bankruptcy case. Receive a summons from the Clerk’s Office, execute the summons on the Defendant, and file the summons service executed with the Clerk.


Entry of Default and Default Judgment

  • Request for Entry of Default

  • Request for Default Judgment

  • Certificate of Service

  • Proposed Order

Assume that the answer deadline in the adversary proceeding expires with the defendant failing to respond or otherwise defend the action. Request that the Clerk enter default. Then after entry of default, request default judgment.


Proof of Claim and Objection to Claim

  • Filing a Proof of Claim

  • Objection to Proof of Claim

  • Certificate of Service

  • Proposed Order

On behalf of the creditor holding a purchase money security interest in the Debtor’s furniture, file a proof of claim in the Chapter 13 case. Then as the Debtor’s attorney file and serve an objection to that proof of claim based on the Debtor’s pending motion to value.


Motion to Sell in a Chapter 13 Case

  • Motion

  • Certificate of Service

  • Proposed Notice

  • Proposed Order

  • Amended Plan

Without informing his attorney, the Debtor engaged a realtor to sell his home. The Realtor has an offer that the Debtor desires to accept and calls your Office to see what needs to happen in the bankruptcy case. On behalf of the Debtor, file a motion to sell, compensate the realtor, pay closing costs, and pay secured debts. Then determine how the sale affects the Debtor’s proposed plan and pending judicial lien avoidance motion.


Obtaining Credit in a Chapter 13 Case

  • Motion

  • Certificate of Service

  • Proposed Order

  • Determination of Notice Requirements

  • Amended Plan

The Chapter 13 Debtor was involved in an automobile accident and needs to purchase a new vehicle. File a motion to allow the Debtor to incur post-petition debt so that the Debtor can purchase a new car. Determine what happens to the debt on the Debtor’s former vehicle and amend the Debtor’s plan accordingly.


Motion to Modify Plan by Suspending Plan Payments

  • Motion/Stipulation

  • Certificate of Service

  • Determination of Notice Requirements

  • Proposed Order

The Debtor suffered a life event and wants to suspend plan payments until he can pay for it. File a motion to suspend the plan payments and determine the impact on the Debtor’s proposed plan.


Application for Compensation for Chapter 13 Debtor’s Attorney

  • Application

  • Certificate of Service

  • Notice Requirements

  • Proposed Order

You preformed several tasks for the Chapter 13 Debtor not covered by your retainer agreement. You desired to be paid from the Chapter 13 plan from the money that would otherwise be payable to unsecured creditors. File an application for compensation with the Clerk.


Unclaimed Funds

  • Application

  • Proposed Order

Search the Unclaimed Funds database and reach an agreement with a creditor as an unclaimed funds locator. Complete and file an application to withdraw those unclaimed funds from the court registry.


No-Asset Chapter 7 from Start to Finish

Review a timeline of a no-asset Chapter 7 case.


Meeting of Creditors

Review typical questions asked at the meeting of creditors.

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