Ustp Forms For The Filing Of Periodic Operating Reports In Non
Wednesday, July 21, 2021
On June 21, 2021, the United States Trustee Programs rule titled Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11, became effective. The Final Rule governs the filing of pre-confirmation monthly operating reports and quarterly post-confirmation reports by all debtors except those who are small business debtors or who, in accordance with the CARES Act, elect relief under subchapter V of chapter 11. To obtain the required MOR and PCR forms, instructions for completing and filing MOR and PCR forms, and other important information, please visit the United States Trustee Programs Chapter 11 Operating Reports resource page at www.justice.gov/ust/chapter-11-operating-reports.
Us Trustee Program Extends Telephonic Or Video Section 341 Meeting
Friday, August 28, 2020
The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the Presidents Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease Outbreak issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.
Go To Court To File Your Forms
To file your California bankruptcy, you have to submit your bankruptcy forms to the Court. Use your home zip code to determine which of the five divisional courthouses you should visit to file your case. You have the option of filing your Los Angeles bankruptcy by mail but most cautious filers visit the courthouse in person to ensure everything is received and appears to be in order.
The Los Angeles Bankruptcy Court, located at 255 East Temple Street in Los Angeles, has no on-site parking, but public parking is available nearby for a fee. When you get to the courthouse, you will pass through security and make your way to the Clerkâs Intake window. You will wait in line for your bankruptcy documents to be reviewed and filed. The Clerk who reviews your forms cannot offer legal advice but will inform if the documents appear incomplete. This provides you the opportunity to carefully review your forms and make sure you have all documents, including the Credit Counseling Course Certification. Once youâve successfully filed, you will get your case number.
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Collect Your Los Angeles Bankruptcy Documents
To file a successful California bankruptcy, you will need to get copies of all your financial documents to help you frame your bankruptcy case. If these documents are not in your possession, you can get them online or from the institution that holds your account. You will need copies of documents related to your income such as pay stubs and recent bank statements. Get six months of pay stubs by reaching out to the human resources office or payroll department of your recent employers. You will need copies of all documents that relate to your debts , such as tax returns and your credit report. If you canât find the last two years of your tax returns, you can submit a request to the IRS. You will need copies of all documents related to your assets , such as real estate appraisals and savings/investment/retirement account statements. A copy of your vehicle registration may also be needed. You also need to make a list of creditors not listed on your credit report such as family, friends, and even the Koreatown mattress store where you are making payments. It is essential that you are open with the Court about your financial situation to get a fresh start through your Chapter 7 bankruptcy in Los Angeles.
Complete The Bankruptcy Forms
It can feel like someone is meddling in your life as you answer the bankruptcy forms, also known as the âpetition documentsâ for your Los Angeles bankruptcy. These forms ask questions about you, your income, your debts, your assets, and other financial matters. Take heart and try to keep in mind that the information you are providing is vital to your new beginning. The Chapter 7 and Chapter 13 bankruptcy petition, forms and instructions are on the Central District of California Bankruptcy Courtâs website. You can download or print the forms to complete them. You will find that the information is repetitive but stick it out and answer each form as thoroughly as possible. This also means those 2020 season tickets to the Dodgers have to be listed.
If you are filing Chapter 7 bankruptcy in Los Angeles and you donât have an attorney, you may also complete the forms using the online system known as the Electronic Self-Representation software . Once you start the process on eSR, it provides up to 45 days to complete your petition online. Then, within ten days of submitting your petition, you are required to submit your filing fee, your declaration form, and your supporting documentation to the court.
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What Are California Bankruptcy Exemptions
California bankruptcy exemptions protect certain property and assets from liquidation during the debt repayment process. While some states allow debtors to choose between state or federal exemptions, California law only allows residents to choose between two sets of state exemptions: Code Section 703 or Code Section 704.
What Is Chapter 7 Bankruptcy In California
Chapter 7 Bankruptcy provides a structure via which California residents can pay off debts by liquidating assets, such as non-exempt property and real estate, vehicles, and jewelry. Because of this, accountants and lawyers sometimes refer to Chapter 7 bankruptcies as a “liquidation” or “straight bankruptcy.”
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California Bankruptcy Court Directory
To determine or confirm the location of a specific meeting or hearing please contact the court directly.
Court Locations:Los Angeles, Riverside, Santa Ana, Santa Barbara, and Woodland HillsCounties of Jurisdiction:Los Angeles, Orange, Riverside, San Luis Obispo, Santa Barbara, San Bernardino, Ventura
Court Locations:Bakersfield, Fresno, Modesto, SacramentoCounties of Jurisdiction:Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolomne, Yolo, Yuba
Clerks:1130 12th St., Ste. CModesto, CA 95354
501 I St., Ste. 3-200Sacramento, CA 95814
Court Locations:Eureka, Oakland, Salinas, San Francisco, San Jose, Santa RosaCounties of Jurisdiction:Alameda, Contra Costa, Del Norte, Humboldt, Lake Martin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, Sonoma, Santa Rosa
Clerks:235 Pine St., 19st FloorSan Francisco, CA 94120-7341
235 Pine Street, 19th FloorSan Francisco, CA 941041300 Clay Street, Suite 300Oakland, CA 94612280 South First Street, Room 3035 San Jose, CA 95113-3099235 Pine Street, 19th FloorSan Francisco, CA 94104280 South First Street, Room 3035 San Jose, CA 95113-3099280 South First Street, Room 3035 San Jose, CA 95113-3099
Counties of Jurisdiction:Imperial, San Diego
What You’ll Find There
You’ll need to file your papers with one of the courthouses that serve the California Central District Bankruptcy Court.
Before COVID, you’d normally have to go there in person at least once to meet with the bankruptcy trustee for your 341 hearing. During the Coronavirus pandemic, those meetings were typically done by phone. Many coudts are still allowing that.
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How To Find California Bankruptcy Records
There are several ways to obtain a bankruptcy record in California:
- Online through the Public Access to Court Electronic Records or Courts Case Management/Electronic Filing System
- Telephone via the Multi-Court Voice Case Information System, or McVCIS
- In-person or mail request to the Clerk’s office
- From the National Archive and Records Administration
Obtaining bankruptcy records through Public Access to Court Electronic Records and CM/ECF:
PACER provides members of the public with access to bankruptcy case information and court documents. To use this web-based records system to obtain bankruptcy information, requesters must have a PACER account.
There are fees required to search or download records. The PACER fee schedule provides information on service costs. Some persons and groups may be exempted from paying fees, including academic researchers and other parties .
To search for court records on PACER, a requester must have a party’s name, the case number, a tax identification number, or a social security number .
Note that it is not possible to obtain sealed court records through PACER. Also, documents filed before December 1, 2003, and which have been closed for over a year cannot be accessed through PACER by members of the public. However, everyone still has access to the docket sheets and information. Persons authorized to access the pre-2003 cases are the case participants. These parties can do so through the court’s CM/ECF or at a court’s public computer terminal .
Bankruptcy Courts That Do A Good Job Of Explaining Procedures To Non
Here are the best of the best. Court websites can and do change — hopefully for the better, but not always.
Note: Links go directly to the court’s info for non-lawyers, rather than the court home page.
Note: As you will see if you look at several of these, most of the information you find is general and applies regardless of which court you’re filing in.
However, some procedures are “local” and deadlines and forms can vary from court to court.
Always confirm that you are complying with your own court’s local rules and procedures.
New interface is a bit too clever by half. Important info is buried in the menu called “Court” Click the “No Attorney” link. Once you get past that, it’s pretty good. Pop up menus work very slowly and may not work on all browsers. On some browsers you may not even see the menus at all! Has a dedicated pro se counter. Update: Court should make website work with all browsers. Important information is missed if the home page menus don’t work right. But downloadble PDF guides are good, but were written in 2007. March 2012.
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Who And Where They Are:
Attend Your 341 Meeting
About a month after filing your Chapter 7 bankruptcy in Los Angeles, you will have your 341 Meeting of Creditors. The Trustee will expect you to bring your government-issued photo identification and an original social security card. Your meeting is a short 5-15 minutes, so itâs best to plan for LA traffic and arrive on time, especially if part of your commute includes the 10 Freeway. The meeting will take place at the Office of the U.S. Trustees and the Los Angeles office is located at 915 Wilshire Boulevard, Los Angeles, CA 90017 on the 10th floor in Suite 1050. Although creditors can attend, in most cases itâs just you, your lawyer if you have one, and the Trustee. The meeting is an opportunity for the Trustee to discuss the distribution of assets, if any. The Trustee will ask you questions about your financial situation and your California bankruptcy filing. Filers just like you have completed this process by providing brief, candid, and clear answers.
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Do I Qualify For A California Chapter 13 Bankruptcy
To qualify for a Chapter 13 bankruptcy in California, residents must prove their secured debt and unsecured debt does not exceed a specific value . Other requirements include:
- The debtor must have filed taxes for the four last years prior to the bankruptcy date
- The candidate must have a regular income that supports the proposed repayment plan
A Chapter 13 bankruptcy allows for the successful reconciliation of debts between three to five years. The exact length of the repayment plan is determined by the debtors average monthly income and household income. In addition to salaries, the income used to offset debts may include self-employment wages, social security checks, disability checks, and wages.
Take Bankruptcy Course 2
After filing bankruptcy in Los Angeles there may be many things on your mind, but completing the two-hour second bankruptcy course from an approved agency, and submitting the financial management certificate should be an easy task to complete regardless. The course can be taken at your convenience online, by phone, or in-person in Los Angeles County. It costs from $10-50, and it offers you pointers on how to create a road map for your future after your California bankruptcy is complete. You will design another budget, evaluate how to use credit wisely, and take steps to set your own financial goals. Donât get confused, as it is also known as the pre-discharge course, debtor education course, or financial management course. Many cases are closed without a discharge having been entered because people forgot about the course. Itâs a good idea to clear this task and check it off the list shortly after filing your Chapter 7 bankruptcy in Los Angeles.
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Do I Qualify For A Chapter 7 Bankruptcy In California
To be eligible for a chapter 7 bankruptcy, a California resident must have an income that falls under the median income for California**. Residents who earn an annual salary higher than the states median will need to pass a mean test, which helps identify the debtor’s disposable income by subtracting all necessary living expenses from all sources of income.
Filing for a Chapter 7 bankruptcy is a highly complex process that involves multiple steps, some of which include:
- Meeting the eligibility requirements for a Chapter 7
- Completing a credit counseling program
- Filling out and filing the necessary bankruptcy forms
- Having assets evaluated by a trustee
Depending on the circumstances, bankruptcy laws in California provide exemptions for some assets such as a home.
In 2020, the median income for a California household was $75,277 representing a 4.84 increase from the previous year. The states median property value was $546,800 with a 54.8% homeownership rate.
What Is Bankruptcy Protection In California
Bankruptcy protection is a court action that protects debtors by placing an “automatic stay” on the collection of all debt. It provides an individual or company in California with more time to reorganize or restructure debt payments. The court order freezes the actions of most creditors and collectors, including evictions, vehicle repossessions, collector calls, letters, wage garnishments, legal proceedings, and some tax actions. The bankruptcy court mails the order to all creditors or any party seeking payment, informing them of the decision. Depending on the case, bankruptcy protection may last anywhere from 90 days to 63 months. Creditors who violate the courts automatic stay order risk facing severe penalties such as:
- Paying court costs and attorney fees
- Sanctions and fines from the court
- Paying punitive damages
Dealing With Your Car
Driving on the 405 Freeway may be annoying, especially on the weekends, but you may have adjusted to that by now. Gas is sky high, and parking is a challenge, but as long as your car can make it to an ARCO and you can find a small parking spot on the street, your day is looking up. Could you get around without a car? Probably. The Metro Trip Planner makes it pretty easy. Will you? That depends. If you have a car when filing your Los Angeles bankruptcy, chances are that you find yourself concerned about your transportation.
Tax Litigation In Bankruptcy Court
A “tax bankruptcy” may be a good way to get rid of old tax liabilities without paying a cent. As our tax litigation attorneys have discussed, certain tax debts including income taxes can be discharged in a Chapter 7 bankruptcy. However, if you have significant assets, you can expect those assets to be sold and turned over to the IRS or other creditors if you filed for bankruptcy. For those with assets and a legitimate dispute as to whether or not they actually owe the tax asserted by the IRS or a state taxing agency, bankruptcy is an opportunity to have a judge decide whether or not those debts are truly owed, without having to pay the tax debt up front.
For example, assume the State Board of Equalization was to determine that your business owed $500,000 in taxes and the SBE refused to accept your explanation as to why its determination was incorrect. Perhaps the SBE even imposed a tax fraud penalty amounting to an additional 25% of the taxes. Normally, the only way that you could get a judge to hear your case is to pay the full amount of the tax the SBE claims to be due, file a claim for refund, and then and only then, can you file suit in California State Superior Court asking the judge to return your money.
Section 505 provides very broad authority for the judge to decide your case. In part, it says:
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