The Law Mind

Notice and Order regarding Amendments to Local Bankruptcy Rules and Forms (effective 12/01/2018)

E.D. Pa. Standing Order — Notice and Order regarding Amendments to Local Bankruptcy Ru

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NOTICE On November 19, 2018, pursuant to 28 U.S.C. §2071(e), the judges of the United States District Court having determined that there is an immediate need to amend four (4) local bankruptcy rules and five (5) local bankruptcy forms effective December 1, 2018, approved a Resolution amending Local Bankruptcy Rules 2016-3; 3015-1; 3015-3 and 9014-2 and Local Bankruptcy Forms 3015.1; 3022-1; 4004-3A and 4004-3B; and 9014-3 . The amended Local Bankruptcy Rules are available on the Eastern District of Pennsylvania's website : www. paed. uscou rts .gov. These amendments are technical in nature and correct minor flaws in the large packet of rules and forms amendments approved by the district court and effective on December 1, 2017. The adoption of these amendments does not change the conformance of the Local Rules of Bankruptcy Procedures and the Local Bankruptcy Forms with the Federal Rules of Bankruptcy Procedures. Accordingly, an Order of the Court was entered on November 26, 2018 making these amendments effective December 1, 2018 with a period to follow of forty- five (45) days for purposes of Notice to the Bar and Public and Solicitation of Comment pursuant to 28 U.S.C. §2071(e). Those wishing to offer comments on these amendments may do so by submitting said comments to the attention of Kate Barkman, Clerk of Court, United States Courthouse, 601 Market St., Room 2609, Philadelphia, PA, 19106, before the close of business, January 11, 2019. Copies of the amended Local Bankruptcy Rules may be obtained by submitting a request at the address listed above, or by obtaining them in person at the Clerk's Office, or at the court's website, www.paed.uscourts.gov. Juan R. Sanchez Chief Judge IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: LOCAL RULES OF BANKRUPTCY PROCEDURE AND LOCAL BANKRUPTCY FORMS ORDER ~ AND NOW, this 26 , day of November, 2018, it appearing that this Court is vested with authority, pursuant to 28 U.S.C. §§2071(e), 2077, and Fed . R. Bankr. P. 9029; AND, in accordance with the resolution of the Judges of the Court on November 19, 2018, the court has determined that there is a need to amend the Local Rules of Bankruptcy Procedure and the Local Bankruptcy Forms effective December 1, 2018; AND, as the amendments to Local Rules of Bankruptcy Procedure and Local Bankruptcy Forms are technical in nature following amendments to the Local Bankruptcy Rules of Bankruptcy Procedure and the Local Bankruptcy Forms in 2017, it is hereby ORDERED that L.B .R. 2016-3; L.B.R. 3015-1; L.B.R. 3015-3; L.B.R. 9014-2 and L.B.F. 3015.1; L.B.F. 3022-1; L.B.F . 4004-3A and 4004-3B; and L.B .R. 9014-3, as set forth on the attachments to this Order, are approved and adopted by the court, effective December 1, 2018, with a period to follow of forty-five (45) days afforded for purposes of Notice to the Bar and Public and Solicitation of Comment pursuant to 28 U.S.C. § 2071(e) . It is FURTHER ORDERED that the Clerk of Court transmit a copy of L.B.R. 2016-3; L.B.R. 3015-1; L.B.R. 3015-3; L.B.R. 9014-2 and L.B.F. 3015.1; L.B .F. 3022-1; L.B.F. 4004-3A and 4004- 3B; and L.B.R. 9014-3, as approved and adopted by the court, to the Director of the Administrative Office of the United States Courts and the Judicial Council of the Third Circuit Court of Appeals and make said Rules and Forms available to the bar and public. FOR THE COURT: UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA August 29, 2018 PROPOSED AMENDMENTS TO LOCAL BANKRUPTCY RULES AND LOCAL BANKRUPTCY FORMS (REDLINED) * * Due to technical limitations, the proposed amended local form chapter 13 plan, L.B.F. 3015.1 is not redlined. 1 Local Rule 2016-3 Applications for Compensation in Chapter 13 Cases (a) Application for Compensation for Services Rendered Before Confirmation (1) Short Form Application. Counsel for a chapter 13 debtor may file a short form application that conforms substantially to L.B.F. 2016-3A if the services were rendered: (A) for a chapter 13 debtor with above - median income (the amount on line 15b of Official Form B122C-1 is not less than the amount on line 16c) and counsel will receive total compensation of $5,000 or less for all services rendered before confirmation; or (B) for a chapter 13 debtor with below - median income (the amount on line 15b of Official Form B122C-1 is less than the amount on line 16c) and counsel will receive total compensation of $4,000 or less for all services rendered before confirmation. (2) Long Form Application. If counsel for a chapter 13 debtor is not authorized under subdivision (a)(1) to file a short form application for services rendered before confirmation, counsel shall file a long form application that conforms substantially to L.B.F. 2016-23B. (b) Application for Compensation for Services Rendered After Confirmation: Supplemental Application. If counsel for a chapter 13 debtor renders services after confirmation and seeks compensation payable by the chapter 13 trustee, counsel shall file a supplemental application that conforms substantially to L.B.F. 2016-23C. (c) Periodic Adjustments. The dollar amounts in effect under subdivision (a)(1) of this rule shall adjust automatically beginning in April of 2019 in the same percentage and on the same effective date as the adjustments made and published by the Judicial Conference of the United States under 11 U.S.C. § 104, rounded to the nearest $25. Adjustments under this subdivision do not apply to cases commenced before the effective date of an automatic adjustment. The Clerk shall publish a notice of the adjustment on the Court’s website. Local Rule 3015-1 Mandatory Use of Chapter 13 Form Plan In a chapter 13 case, the plan must conform to L.B.F. 3015.1-1. Local Rule 3015-3 Chapter 12 or Chapter 13 Plan: Amendment before Confirmation (a) Amended Plan. In a chapter 12 or 13 case, the debtor may modify a plan before confirmation by filing a new version of the plan incorporating all of the amendments into the amended plan with the proper numerical designation, such as the “Second Amended Plan.” An amended chapter 13 plan must conform to L.B.F. 3015.1-1. (b) Service. On the day an amended chapter 12 or chapter 13 plan is filed, the debtor shall serve the amended plan as required under Fed. R. Bankr. P. 3015(d)on the entities set forth below and, if applicable, in the manner required by Fed. R. Bankr. P. 3012(b): . (1) the chapter 13 trustee; (2) all priority creditors; (3) all secured creditors; (4) all separately classified creditors whose interests are materially affected by the amendments in the plan; (5) all creditors who have filed requests for notice under Fed. R. Bankr. P. 2002; and (6) any other entity as directed by the court. (b) (c) Certification of Service. The debtor shall file a certification of service as required by L.B.R. 9014-4. Local Rule 9014-2 Motions Decided Without Hearing (a) Disposition of Certain Motions. The court may rule without a hearing on a motion under: (1) § 362(j) for entry of an order under § 362(c) confirming that the automatic stay has been terminated; (2) §§ 1225(c) or 1325(c) for entry of a wage order; (3) Fed. R. Bankr. P. 1007(a)(4) or 1007(c) or (e) for an extension of time; (4) L.B.R. 1017-1(a) or 1017-2(a) to convert or dismiss a case; (5) Fed. R. Bankr. P. 2002 and any other Fed. R. Bankr. P. to limit service of documents or notice otherwise prescribed by these rules; (6) L.B.R. 2090-1(c)(2) to appear pro hac vice; (7) Fed. R. Bankr. P. 3003(c) to fix the time within which proofs of claim or interest may be filed; (8) L.B.R. 3022-1(a) to administratively close an individual Chapter 11 case; (9) Fed. R. Bankr. P. 4004(c) and L.B.R. 4004-1(a) to defer entry of a discharge order; (10) L.B.R. 5070-1(e) to reschedule a hearing; (11) L.B.R. 5070-1(fg) for expedited consideration; (12) L.B.R. 7026-1(b) to compel responses to discovery requests; (13) Fed. R. Bankr. P. 9006(b)(1) for an enlargement of the time when the motion is filed before the expiration of the period originally prescribed; (14) Fed. R. Bankr. P. 9006(c)(1) for reduction of the time to act; (15) Fed. R. Bankr. P. 9023, if the motion does not include a request for a hearing, to alter or amend an order awarding an applicant less than the requested amount of compensation and reimbursement of expenses; and (16) Fed. R. Bankr. P. 9037 to limit or prohibit electronic public access to a filed document. L.B.F. 3015.1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA In re: Case No.: Chapter: 13 Debtor(s) Chapter 13 Plan Original Amended Date: THE DEBTOR HAS FILED FOR RELIEF UNDER CHAPTER 13 OF THE BANKRUPTCY CODE YOUR RIGHTS WILL BE AFFECTED You should have received from the court a separate Notice of the Hearing on Confirmation of Plan, which contains the date of the confirmation hearing on the Plan proposed by the Debtor. This document is the actual Plan proposed by the Debtor to adjust debts. You should read these papers carefully and discuss them with your attorney. ANYONE WHO WISHES TO OPPOSE ANY PROVISION OF THIS PLAN MUST FILE A WRITTEN OBJECTION in accordance with Bankruptcy Rule 3015 and Local Rule 3015-4. This Plan may be confirmed and become binding, unless a written objection is filed. IN ORDER TO RECEIVE A DISTRIBUTION UNDER THE PLAN, YOU MUST FILE A PROOF OF CLAIM BY THE DEADLINE STATED IN THE NOTICE OF MEETING OF CREDITORS. Part 1: Bankruptcy Rule 3015.1(c) Disclosures Plan contains non-standard or additional provisions – see Part 9 Plan limits the amount of secured claim(s) based on value of collateral – see Part 4 Plan avoids a security interest or lien – see Part 4 and/or Part 9 Part 2: Plan Payment, Length and Distribution – PARTS 2(c) & 2(e) MUST BE COMPLETED IN EVERY CASE § 2(a)(1) Initial Plan: Total Base Amount to be paid to the Chapter 13 Trustee (“Trustee”) $ ______________ Debtor shall pay the Trustee $ _________ per month for ____ months; and Debtor shall pay the Trustee $ _________ per month for ____ months. Other changes in the scheduled plan payment are set forth in § 2(d) § 2(a)(2) Amended Plan: Total Base Amount to be paid to the Chapter 13 Trustee (“Trustee”) $ ______________ The Plan payments by Debtor shall consists of the total amount previously paid ($_______) added to the new monthly Plan payments in the amount of $______ beginning __________(date) and continuing for ______ months. Other changes in the scheduled plan payment are set forth in § 2(d) 1 § 2(b) Debtor shall make plan payments to the Trustee from the following sources in addition to future wages (Describe source, amount and date when funds are available, if known): § 2(c) Alternative treatment of secured claims: None. If “None” is checked, the rest of § 2(c) need not be completed. Sale of real property See § 7(c) below for detailed description Loan modification with respect to mortgage encumbering property: See § 4(f) below for detailed description § 2(d) Other information that may be important relating to the payment and length of Plan: § 2(e) Estimated Distribution: A. Total Priority Claims (Part 3) 1. Unpaid attorney’s fees $ 2. Unpaid attorney’s costs $ 3. Other priority claims (e.g., priority taxes) $ B. Total distribution to cure defaults (§ 4(b)) $ C. Total distribution on secured claims (§§ 4(c) &(d)) $ D. Total distribution on unsecured claims (Part 5) $ Subtotal $ E. Estimated Trustee’s Commission $ F. Base Amount $ Part 3: Priority Claims (Including Administrative Expenses & Debtor’s Counsel Fees) § 3(a) Except as provided in § 3(b) below, all allowed priority claims will be paid in full unless the creditor agrees otherwise: Creditor Type of Priority Estimated Amount to be Paid 2 § 3(b) Domestic Support obligations assigned or owed to a governmental unit and paid less than full amount. None. If “None” is checked, the rest of § 3(b) need not be completed. The allowed priority claims listed below are based on a domestic support obligation that has been assigned to or is owed to a governmental unit and will be paid less than the full amount of the claim. This plan provision requires that payments in § 2(a) be for a term of 60 months; see 11 U.S.C. § 1322(a)(4). Name of Creditor Amount of claim to be paid Part 4: Secured Claims § 4(a) Secured claims not provided for by the Plan: None. If “None” is checked, the rest of § 4(a) need not be completed. Creditor Secured Property If checked, debtor will pay the creditor(s) listed below directly in accordance with the contract terms or otherwise by agreement. If checked, debtor will pay the creditor(s) listed below directly in accordance with the contract terms or otherwise by agreement. § 4(b) Curing default and maintaining payments None. If “None” is checked, the rest of § 4(b) need not be completed. The Trustee shall distribute an amount sufficient to pay allowed claims for prepetition arrearages; and, Debtor shall pay directly to creditor monthly obligations falling due after the bankruptcy filing in accordance with the parties’ contract. Creditor Description of Current Monthly Estimated Interest Rate Amount to be Secured Payment to be Arrearage on Arrearage, Paid to Property and paid directly to if applicable Creditor by Address, if real creditor by (%) the Trustee property Debtor 3 § 4(c) Allowed secured claims to be paid in full: based on proof of claim or pre- confirmation determination of the amount, extent or validity of the claim None. If “None” is checked, the rest of § 4(c) need not be completed. (1) Allowed secured claims listed below shall be paid in full and their liens retained until completion of payments under the plan. (2) If necessary, a motion, objection and/or adversary proceeding, as appropriate, will be filed to determine the amount, extent or validity of the allowed secured claim and the court will make its determination prior to the confirmation hearing. (3) Any amounts determined to be allowed unsecured claims will be treated either: (A) as a general unsecured claim under Part 5 of the Plan or (B) as a priority claim under Part 3, as determined by the court. (4) In addition to payment of the allowed secured claim, “present value” interest pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii) will be paid at the rate and in the amount listed below. If the claimant included a different interest rate or amount for “present value” interest in its proof of claim or otherwise disputes the amount provided for “present value” interest, the claimant must file an objection to confirmation. (5) Upon completion of the Plan, payments made under this section satisfy the allowed secured claim and release the corresponding lien. Description of Name of Creditor Secured Property Allowed Present Dollar Amount Total and Address, if real Secured Value of Present Amount to property Claim Interest Value Interest be paid Rate § 4(d) Allowed secured claims to be paid in full that are excluded from 11 U.S.C. § 506 None. If “None” is checked, the rest of § 4(d) need not be completed. The claims below were either (1) incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for the personal use of the debtor(s), or (2) incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value. (1) The allowed secured claims listed below shall be paid in full and their liens retained until completion of payments under the plan. (2) In addition to payment of the allowed secured claim, “present value” interest pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii) will be paid at the rate and in the amount listed below. If the claimant included a different interest rate or amount for “present value” interest in its proof of claim, the court will determine the present value interest rate and amount at the confirmation hearing. Name of Creditor Collateral Amount of Present Value Estimated total payments Claim Interest % $ % $ 4 § 4(e) Surrender None. If “None” is checked, the rest of § 4(e) need not be completed. (1) Debtor elects to surrender the secured property listed below that secures the creditor’s claim. (2) The automatic stay under 11 U.S.C. § 362(a) and 1301(a) with respect to the secured property terminates upon confirmation of the Plan. (3) The Trustee shall make no payments to the creditors listed below on their secured claims. Creditor Secured Property § 4(f) Loan Modification None. If “None” is checked, the rest of § 4(f) need not be completed. (1) Debtor shall pursue a loan modification directly with or its successor in interest or its current servicer (“Mortgage Lender”), in an effort to bring the loan current and resolve the secured arrearage claim. (2) During the modification application process, Debtor shall make adequate protection payments directly to Mortgage Lender in the amount of $ per month, which represents (describe basis of adequate protection payment). Debtor shall remit the adequate protection payments directly to the Mortgage Lender. (3) If the modification is not approved by (date), Debtor shall either (A) file an amended Plan to otherwise provide for the allowed claim of the Mortgage Lender; or (B) Mortgage Lender may seek relief from the automatic stay with regard to the collateral and Debtor will not oppose it. Part 5: General Unsecured Claims § 5(a) Separately classified allowed unsecured non-priority claims None. If “None” is checked, the rest of § 5(a) need not be completed. Basis for Separate Creditor Classification Treatment Amount of Amount to Claim be paid § 5(b) Timely filed unsecured non-priority claims (1) Liquidation Test (check one box) All Debtor(s) property is claimed as exempt. Debtor(s) has non-exempt property valued at $ for purposes of § 1325(a)(4) and plan provides for distribution of $ to allowed priority and unsecured general creditors. (2) Funding: § 5(b) claims to be paid as follows (check one box): Pro rata 100% Other (Describe) 5 Part 6: Executory Contracts & Unexpired Leases None. If “None” is checked, the rest of § 6 need not be completed. Creditor Nature of Contract or Lease Treatment by Debtor Pursuant to §365(b) Part 7: Other Provisions § 7(a) General principles applicable to the Plan (1) Vesting of Property of the Estate (check one box) Upon confirmation Upon discharge (2) Subject to Bankruptcy Rule 3012, the amount of a creditor’s claim listed in its proof of claim controls over any contrary amounts listed in Parts 3, 4 or 5 of the Plan. (3) Post-petition contractual payments under § 1322(b)(5) and adequate protection payments under § 1326(a)(1)(B),(C) shall be disbursed to the creditors by the debtor directly. All other disbursements to creditors shall be made by the Trustee. (4) If Debtor is successful in obtaining a recovery in a personal injury or other litigation in which Debtor is the plaintiff, before the completion of plan payments, any such recovery in excess of any applicable exemption will be paid to the Trustee as a special Plan payment to the extent necessary to pay priority and general unsecured creditors, or as agreed by the Debtor and the Trustee and approved by the court. § 7(b) Affirmative duties on holders of claims secured by a security interest in debtor’s principal residence (1) Apply the payments received from the Trustee on the pre-petition arrearage, if any, only to such arrearage. (2) Apply the post-petition monthly mortgage payments made by the Debtor to the post-petition mortgage obligations as provided for by the terms of the underlying mortgage note. (3) Treat the pre-petition arrearage as contractually current upon confirmation for the Plan for the sole purpose of precluding the imposition of late payment charges or other default-related fees and services based on the pre-petition default or default(s). Late charges may be assessed on post-petition payments as provided by the terms of the mortgage and note. (4) If a secured creditor with a security interest in the Debtor’s property sent regular statements to the Debtor pre-petition, and the Debtor provides for payments of that claim directly to the creditor in the Plan, the holder of the claims shall resume sending customary monthly statements. (5) If a secured creditor with a security interest in the Debtor’s property provided the Debtor with coupon books for payments prior to the filing of the petition, upon request, the creditor shall forward post-petition coupon book(s) to the Debtor after this case has been filed. (6) Debtor waives any violation of stay claim arising from the sending of statements and coupon books as set forth above. 6 § 7(c) Sale of Real Property None. If “None” is checked, the rest of § 7(c) need not be completed. (1) Closing for the sale of (the “Real Property”) shall be completed within months of the commencement of this bankruptcy case (the “Sale Deadline”). Unless otherwise agreed by the parties or provided by the Court, each allowed claim secured by the Real Property will be paid in full under §4(b)(1) of the Plan at the closing (“Closing Date”). (2) The Real Property will be marketed for sale in the following manner and on the following terms: (3) Confirmation of this Plan shall constitute an order authorizing the Debtor to pay at settlement all customary closing expenses and all liens and encumbrances, including all § 4(b) claims, as may be necessary to convey good and marketable title to the purchaser. However, nothing in this Plan shall preclude the Debtor from seeking court approval of the sale of the property free and clear of liens and encumbrances pursuant to 11 U.S.C. §363(f), either prior to or after confirmation of the Plan, if, in the Debtor’s judgment, such approval is necessary or in order to convey insurable title or is otherwise reasonably necessary under the circumstances to implement this Plan. (4) Debtor shall provide the Trustee with a copy of the closing settlement sheet within 24 hours of the Closing Date. (5) In the event that a sale of the Real Property has not been consummated by the expiration of the Sale Deadline: Part 8: Order of Distribution The order of distribution of Plan payments will be as follows: Level 1: Trustee Commissions* Level 2: Domestic Support Obligations Level 3: Adequate Protection Payments Level 4: Debtor’s attorney’s fees Level 5: Priority claims, pro rata Level 6: Secured claims, pro rata Level 7: Specially classified unsecured claims Level 8: General unsecured claims Level 9: Untimely filed general unsecured non-priority claims to which debtor has not objected *Percentage fees payable to the standing trustee will be paid at the rate fixed by the United States Trustee not to exceed ten (10) percent. 7 Part 9: Non Standard or Additional Plan Provisions Under Bankruptcy Rule 3015.1(e), Plan provisions set forth below in Part 9 are effective only if the applicable box in Part 1 of this Plan is checked. Nonstandard or additional plan provisions placed elsewhere in the Plan are void. None. If “None” is checked, the rest of Part 9 need not be completed. By signing below, attorney for Debtor(s) or unrepresented Debtor(s) certifies that this Plan contains no nonstandard or additional provisions other than those in Part 9 of the Plan. Date: Attorney for Debtor(s) If Debtor(s) are unrepresented, they must sign below. Date: Debtor Date: Joint Debtor 8 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: Chapter 11 Debtor Bky.No. N O T I CE O F A D M IN I STR A TI V E C L OSIN G To All Creditors and Parties in Interest: On [date], the court determined that the above chapter 11 case was fully administered except for the entry of the Debtor's chapter 11 discharge and entered an order, administratively closing the above individual chapter 11bankruptcy case. The administrative closure is for purposes of 28 U.S.C. §1930(a)(6) only, and is not a plenary closure of the case under 11 U.S.C. §350(a) and Fed. R. Bankr. P.3022. Date: For the Cou rt Timothy B. McGrath Clerk of Court 2 B2830 (Form 2830) L.B.F. 4004-3A UNITED STATES BANKRUPTCY COURT District Of In re Case No. Debtor CHAPTER 12 DEBTOR’S CERTIFICATIONS REGARDING DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q) Part I. Certification Regarding Domestic Support Obligations (check no more than one) Pursuant to 11 U.S.C. Section 1228(a), I certify that:  I owed no domestic support obligation when I filed my bankruptcy petition, and I have not been required to pay any such obligation since then.  I am or have been required to pay a domestic support obligation. I have paid all such amounts that my chapter 12 plan required me to pay. I have also paid all such amounts that became due between the filing of my bankruptcy petition and today. Part II. If you checked the second box, you must provide the information below. My current address: ______________________________________________________________________ My current employer and my employer’s address: ______________________________________________________________________ B2830 (Form 2830) Part III. Certification Regarding Section 522(q) (check no more than one) Pursuant to 11 U.S.C. Section 1228(f), I certify that:  I have not claimed an exemption pursuant to § 522(b)(3) and state or local law (1) in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate.  I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law (1) that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate. Part IV. Debtor’s Signature I certify under penalty of perjury that the information provided in these certifications is true and correct to the best of my knowledge and belief. Executed on Date Debtor * Amounts are subject to adjustment on 4/01/16, and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. B2830 (Form 2830) L.B.F. 4004-3B UNITED STATES BANKRUPTCY COURT District Of In re Case No. Debtor CHAPTER 13 DEBTOR’S CERTIFICATIONS REGARDING DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q) Part I. Certification Regarding Domestic Support Obligations (check no more than one) Pursuant to 11 U.S.C. Section 1328(a), I certify that:  I owed no domestic support obligation when I filed my bankruptcy petition, and I have not been required to pay any such obligation since then.  I am or have been required to pay a domestic support obligation. I have paid all such amounts that my chapter 13 plan required me to pay. I have also paid all such amounts that became due between the filing of my bankruptcy petition and today. Part II. If you checked the second box, you must provide the information below. My current address: ______________________________________________________________________ My current employer and my employer’s address: ______________________________________________________________________ B2830 (Form 2830) Part III. Certification Regarding Section 522(q) (check no more than one) Pursuant to 11 U.S.C. Section 1328(h), I certify that:  I have not claimed an exemption pursuant to § 522(b)(3) and state or local law (1) in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate.  I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law (1) that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate. Part IV. Debtor’s Signature I certify under penalty of perjury that the information provided in these certifications is true and correct to the best of my knowledge and belief. Executed on Date Debtor L.B.F. 9014-3 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: : Chapter : : Debtor : Bky. No. * * * * * * * NOTICE OF MOTION, RESPONSE DEADLINE AND HEARING DATE (Name of movant) has filed (name of motion) with the court for (describe the relief sought in the motion). 1. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult an attorney). 2. If you do not want the court to grant the relief sought in the Motion or if you want the court to consider your views on the Motion, then on or before XX/XX/XX you or your attorney must file a response to the Motion. (see Instructions on next page). 3. A hearing on the Motion is scheduled to be held on XX/XX/XX, at___________ in Courtroom _______ , United States Bankruptcy Court, (address of Bankruptcy Court). Unless the court orders otherwise, the hearing on this contested matter will be an evidentiary hearing. 4. If you do not file a response to the Motion, the court may cancel the hearing and enter an order granting the relief requested in the Motion. 5. You may contact the Bankruptcy Clerk's office for Philadelphia cases at 215-408-2800 and for Reading cases at 610-208-5040 to find out whether the hearing has been canceled because no one filed a response. 6. If a copy of the motion is not enclosed, a copy of the Motion will be provided to you if you request a copy from the attorney whose name and address is listed on the next page of this Notice. Filing Instructions 7. If you are required to file documents electronically by Local Bankruptcy Rule 5005-1, you must file your response electronically. 8. If you are not required to file electronically, you must file your response at ( address of bankruptcy clerk's office ) 9. If you mail your response to the bankruptcy clerk’s office for filing, you must mail it early enough so that it will be received on or before the date stated in Paragraph 2 on the previous page of this Notice. 10. On the same day that you file or mail your Response to the Motion, you must mail or deliver a copy of the Response to the movant’s attorney: [Attorney’s name] ………………. [Firm name] …………………….. [Address] ……………………….. [Phone No.] …………………….. [Fax No.] ……………………….. [E-mail address] ………………... [If applicable, name and address of others to be served.] Date: ___________ UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA August 29, 2018 PROPOSED AMENDMENTS TO LOCAL BANKRUPTCY RULES AND LOCAL BANKRUPTCY FORMS 1 Local Rule 2016-3 Applications for Compensation in Chapter 13 Cases (a) Application for Compensation for Services Rendered Before Confirmation (1) Short Form Application. Counsel for a chapter 13 debtor may file a short form application that conforms substantially to L.B.F. 2016-3A if the services were rendered: (A) for a chapter 13 debtor with above - median income (the amount on line 15b of Official Form B122C-1 is not less than the amount on line 16c) and counsel will receive total compensation of $5,000 or less for all services rendered before confirmation; or (B) for a chapter 13 debtor with below - median income (the amount on line 15b of Official Form B122C-1 is less than the amount on line 16c) and counsel will receive total compensation of $4,000 or less for all services rendered before confirmation. (2) Long Form Application. If counsel for a chapter 13 debtor is not authorized under subdivision (a)(1) to file a short form application for services rendered before confirmation, counsel shall file a long form application that conforms substantially to L.B.F. 2016-3B. (b) Application for Compensation for Services Rendered After Confirmation: Supplemental Application. If counsel for a chapter 13 debtor renders services after confirmation and seeks compensation payable by the chapter 13 trustee, counsel shall file a supplemental application that conforms substantially to L.B.F. 2016-3C. (c) Periodic Adjustments. The dollar amounts in effect under subdivision (a)(1) of this rule shall adjust automatically beginning in April of 2019 in the same percentage and on the same effective date as the adjustments made and published by the Judicial Conference of the United States under 11 U.S.C. § 104, rounded to the nearest $25. Adjustments under this subdivision do not apply to cases commenced before the effective date of an automatic adjustment. The Clerk shall publish a notice of the adjustment on the Court’s website. Local Rule 3015-1 Mandatory Use of Chapter 13 Form Plan In a chapter 13 case, the plan must conform to L.B.F. 3015.1. Local Rule 3015-3 Chapter 12 or Chapter 13 Plan: Amendment before Confirmation (a) Amended Plan. In a chapter 12 or 13 case, the debtor may modify a plan before confirmation by filing a new version of the plan incorporating all of the amendments into the amended plan with the proper numerical designation, such as the “Second Amended Plan.” An amended chapter 13 plan must conform to L.B.F. 3015.1-1. (b) Service. On the day an amended chapter 12 or chapter 13 plan is filed, the debtor shall serve the amended plan on the entities set forth below, and, if applicable, in the mannter required by Fed. R. Bankr. P. 3012(b): (1) the chapter 13 trustee (2) all priority creditors; (3) all secured creditors; (4) all separately classified creditors whose interests are materially affected by the amendmentsin theplan (5) all creditors who filed requests for notice under Fed. R. Bankr. P. 2002; and (6) any other entity as directed by the court. (c) Certification of Service. The debtor shall file a certification of service as required by L.B.R. 9014-4. Local Rule 9014-2 Motions Decided Without Hearing (a) Disposition of Certain Motions. The court may rule without a hearing on a motion under: (1) § 362(j) for entry of an order under § 362(c) confirming that the automatic stay has been terminated; (2) §§ 1225(c) or 1325(c) for entry of a wage order; (3) Fed. R. Bankr. P. 1007(a)(4) or 1007(c) or (e) for an extension of time; (4) L.B.R. 1017-1(a) or 1017-2(a) to convert or dismiss a case; (5) Fed. R. Bankr. P. 2002 and any other Fed. R. Bankr. P. to limit service of documents or notice otherwise prescribed by these rules; (6) L.B.R. 2090-1(c)(2) to appear pro hac vice; (7) Fed. R. Bankr. P. 3003(c) to fix the time within which proofs of claim or interest may be filed; (8) L.B.R. 3022-1(a) to administratively close an individual Chapter 11 case; (9) Fed. R. Bankr. P. 4004(c) and L.B.R. 4004-1(a) to defer entry of a discharge order; (10) L.B.R. 5070-1(e) to reschedule a hearing; (11) L.B.R. 5070-1(g) for expedited consideration; (12) L.B.R. 7026-1(b) to compel responses to discovery requests; (13) Fed. R. Bankr. P. 9006(b)(1) for an enlargement of the time when the motion is filed before the expiration of the period originally prescribed; (14) Fed. R. Bankr. P. 9006(c)(1) for reduction of the time to act; (15) Fed. R. Bankr. P. 9023, if the motion does not include a request for a hearing, to alter or amend an order awarding an applicant less than the requested amount of compensation and reimbursement of expenses; and (16) Fed. R. Bankr. P. 9037 to limit or prohibit electronic public access to a filed document. L.B.F. 3015.1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA In re: Case No.: Chapter: 13 Debtor(s) Chapter 13 Plan Original Amended Date: THE DEBTOR HAS FILED FOR RELIEF UNDER CHAPTER 13 OF THE BANKRUPTCY CODE YOUR RIGHTS WILL BE AFFECTED You should have received from the court a separate Notice of the Hearing on Confirmation of Plan, which contains the date of the confirmation hearing on the Plan proposed by the Debtor. This document is the actual Plan proposed by the Debtor to adjust debts. You should read these papers carefully and discuss them with your attorney. ANYONE WHO WISHES TO OPPOSE ANY PROVISION OF THIS PLAN MUST FILE A WRITTEN OBJECTION in accordance with Bankruptcy Rule 3015 and Local Rule 3015-4. This Plan may be confirmed and become binding, unless a written objection is filed. IN ORDER TO RECEIVE A DISTRIBUTION UNDER THE PLAN, YOU MUST FILE A PROOF OF CLAIM BY THE DEADLINE STATED IN THE NOTICE OF MEETING OF CREDITORS. Part 1: Bankruptcy Rule 3015.1(c) Disclosures Plan contains non-standard or additional provisions – see Part 9 Plan limits the amount of secured claim(s) based on value of collateral – see Part 4 Plan avoids a security interest or lien – see Part 4 and/or Part 9 Part 2: Plan Payment, Length and Distribution – PARTS 2(c) & 2(e) MUST BE COMPLETED IN EVERY CASE § 2(a)(1) Initial Plan: Total Base Amount to be paid to the Chapter 13 Trustee (“Trustee”) $ ______________ Debtor shall pay the Trustee $ _________ per month for ____ months; and Debtor shall pay the Trustee $ _________ per month for ____ months. Other changes in the scheduled plan payment are set forth in § 2(d) § 2(a)(2) Amended Plan: Total Base Amount to be paid to the Chapter 13 Trustee (“Trustee”) $ ______________ The Plan payments by Debtor shall consists of the total amount previously paid ($_______) added to the new monthly Plan payments in the amount of $______ beginning __________(date) and continuing for ______ months. Other changes in the scheduled plan payment are set forth in § 2(d) 1 § 2(b) Debtor shall make plan payments to the Trustee from the following sources in addition to future wages (Describe source, amount and date when funds are available, if known): § 2(c) Alternative treatment of secured claims: None. If “None” is checked, the rest of § 2(c) need not be completed. Sale of real property See § 7(c) below for detailed description Loan modification with respect to mortgage encumbering property: See § 4(f) below for detailed description § 2(d) Other information that may be important relating to the payment and length of Plan: § 2(e) Estimated Distribution: A. Total Priority Claims (Part 3) 1. Unpaid attorney’s fees $ 2. Unpaid attorney’s costs $ 3. Other priority claims (e.g., priority taxes) $ B. Total distribution to cure defaults (§ 4(b)) $ C. Total distribution on secured claims (§§ 4(c) &(d)) $ D. Total distribution on unsecured claims (Part 5) $ Subtotal $ E. Estimated Trustee’s Commission $ F. Base Amount $ Part 3: Priority Claims (Including Administrative Expenses & Debtor’s Counsel Fees) § 3(a) Except as provided in § 3(b) below, all allowed priority claims will be paid in full unless the creditor agrees otherwise: Creditor Type of Priority Estimated Amount to be Paid 2 § 3(b) Domestic Support obligations assigned or owed to a governmental unit and paid less than full amount. None. If “None” is checked, the rest of § 3(b) need not be completed. The allowed priority claims listed below are based on a domestic support obligation that has been assigned to or is owed to a governmental unit and will be paid less than the full amount of the claim. This plan provision requires that payments in § 2(a) be for a term of 60 months; see 11 U.S.C. § 1322(a)(4). Name of Creditor Amount of claim to be paid Part 4: Secured Claims § 4(a) Secured claims not provided for by the Plan: None. If “None” is checked, the rest of § 4(a) need not be completed. Creditor Secured Property If checked, debtor will pay the creditor(s) listed below directly in accordance with the contract terms or otherwise by agreement. If checked, debtor will pay the creditor(s) listed below directly in accordance with the contract terms or otherwise by agreement. § 4(b) Curing default and maintaining payments None. If “None” is checked, the rest of § 4(b) need not be completed. The Trustee shall distribute an amount sufficient to pay allowed claims for prepetition arrearages; and, Debtor shall pay directly to creditor monthly obligations falling due after the bankruptcy filing in accordance with the parties’ contract. Creditor Description of Current Monthly Estimated Interest Rate Amount to be Secured Payment to be Arrearage on Arrearage, Paid to Property and paid directly to if applicable Creditor by Address, if real creditor by (%) the Trustee property Debtor 3 § 4(c) Allowed secured claims to be paid in full: based on proof of claim or pre- confirmation determination of the amount, extent or validity of the claim None. If “None” is checked, the rest of § 4(c) need not be completed. (1) Allowed secured claims listed below shall be paid in full and their liens retained until completion of payments under the plan. (2) If necessary, a motion, objection and/or adversary proceeding, as appropriate, will be filed to determine the amount, extent or validity of the allowed secured claim and the court will make its determination prior to the confirmation hearing. (3) Any amounts determined to be allowed unsecured claims will be treated either: (A) as a general unsecured claim under Part 5 of the Plan or (B) as a priority claim under Part 3, as determined by the court. (4) In addition to payment of the allowed secured claim, “present value” interest pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii) will be paid at the rate and in the amount listed below. If the claimant included a different interest rate or amount for “present value” interest in its proof of claim or otherwise disputes the amount provided for “present value” interest, the claimant must file an objection to confirmation. (5) Upon completion of the Plan, payments made under this section satisfy the allowed secured claim and release the corresponding lien. Description of Name of Creditor Secured Property Allowed Present Dollar Amount Total and Address, if real Secured Value of Present Amount to property Claim Interest Value Interest be paid Rate § 4(d) Allowed secured claims to be paid in full that are excluded from 11 U.S.C. § 506 None. If “None” is checked, the rest of § 4(d) need not be completed. The claims below were either (1) incurred within 910 days before the petition date and secured by a purchase money security interest in a motor vehicle acquired for the personal use of the debtor(s), or (2) incurred within 1 year of the petition date and secured by a purchase money security interest in any other thing of value. (1) The allowed secured claims listed below shall be paid in full and their liens retained until completion of payments under the plan. (2) In addition to payment of the allowed secured claim, “present value” interest pursuant to 11 U.S.C. § 1325(a)(5)(B)(ii) will be paid at the rate and in the amount listed below. If the claimant included a different interest rate or amount for “present value” interest in its proof of claim, the court will determine the present value interest rate and amount at the confirmation hearing. Name of Creditor Collateral Amount of Present Value Estimated total payments Claim Interest % $ % $ 4 § 4(e) Surrender None. If “None” is checked, the rest of § 4(e) need not be completed. (1) Debtor elects to surrender the secured property listed below that secures the creditor’s claim. (2) The automatic stay under 11 U.S.C. § 362(a) and 1301(a) with respect to the secured property terminates upon confirmation of the Plan. (3) The Trustee shall make no payments to the creditors listed below on their secured claims. Creditor Secured Property § 4(f) Loan Modification None. If “None” is checked, the rest of § 4(f) need not be completed. (1) Debtor shall pursue a loan modification directly with or its successor in interest or its current servicer (“Mortgage Lender”), in an effort to bring the loan current and resolve the secured arrearage claim. (2) During the modification application process, Debtor shall make adequate protection payments directly to Mortgage Lender in the amount of $ per month, which represents (describe basis of adequate protection payment). Debtor shall remit the adequate protection payments directly to the Mortgage Lender. (3) If the modification is not approved by (date), Debtor shall either (A) file an amended Plan to otherwise provide for the allowed claim of the Mortgage Lender; or (B) Mortgage Lender may seek relief from the automatic stay with regard to the collateral and Debtor will not oppose it. Part 5: General Unsecured Claims § 5(a) Separately classified allowed unsecured non-priority claims None. If “None” is checked, the rest of § 5(a) need not be completed. Basis for Separate Creditor Classification Treatment Amount of Amount to Claim be paid § 5(b) Timely filed unsecured non-priority claims (1) Liquidation Test (check one box) All Debtor(s) property is claimed as exempt. Debtor(s) has non-exempt property valued at $ for purposes of § 1325(a)(4) and plan provides for distribution of $ to allowed priority and unsecured general creditors. (2) Funding: § 5(b) claims to be paid as follows (check one box): Pro rata 100% Other (Describe) 5 Part 6: Executory Contracts & Unexpired Leases None. If “None” is checked, the rest of § 6 need not be completed. Creditor Nature of Contract or Lease Treatment by Debtor Pursuant to §365(b) Part 7: Other Provisions § 7(a) General principles applicable to the Plan (1) Vesting of Property of the Estate (check one box) Upon confirmation Upon discharge (2) Subject to Bankruptcy Rule 3012, the amount of a creditor’s claim listed in its proof of claim controls over any contrary amounts listed in Parts 3, 4 or 5 of the Plan. (3) Post-petition contractual payments under § 1322(b)(5) and adequate protection payments under § 1326(a)(1)(B),(C) shall be disbursed to the creditors by the debtor directly. All other disbursements to creditors shall be made by the Trustee. (4) If Debtor is successful in obtaining a recovery in a personal injury or other litigation in which Debtor is the plaintiff, before the completion of plan payments, any such recovery in excess of any applicable exemption will be paid to the Trustee as a special Plan payment to the extent necessary to pay priority and general unsecured creditors, or as agreed by the Debtor and the Trustee and approved by the court. § 7(b) Affirmative duties on holders of claims secured by a security interest in debtor’s principal residence (1) Apply the payments received from the Trustee on the pre-petition arrearage, if any, only to such arrearage. (2) Apply the post-petition monthly mortgage payments made by the Debtor to the post-petition mortgage obligations as provided for by the terms of the underlying mortgage note. (3) Treat the pre-petition arrearage as contractually current upon confirmation for the Plan for the sole purpose of precluding the imposition of late payment charges or other default-related fees and services based on the pre-petition default or default(s). Late charges may be assessed on post-petition payments as provided by the terms of the mortgage and note. (4) If a secured creditor with a security interest in the Debtor’s property sent regular statements to the Debtor pre-petition, and the Debtor provides for payments of that claim directly to the creditor in the Plan, the holder of the claims shall resume sending customary monthly statements. (5) If a secured creditor with a security interest in the Debtor’s property provided the Debtor with coupon books for payments prior to the filing of the petition, upon request, the creditor shall forward post-petition coupon book(s) to the Debtor after this case has been filed. (6) Debtor waives any violation of stay claim arising from the sending of statements and coupon books as set forth above. 6 § 7(c) Sale of Real Property None. If “None” is checked, the rest of § 7(c) need not be completed. (1) Closing for the sale of (the “Real Property”) shall be completed within months of the commencement of this bankruptcy case (the “Sale Deadline”). Unless otherwise agreed by the parties or provided by the Court, each allowed claim secured by the Real Property will be paid in full under §4(b)(1) of the Plan at the closing (“Closing Date”). (2) The Real Property will be marketed for sale in the following manner and on the following terms: (3) Confirmation of this Plan shall constitute an order authorizing the Debtor to pay at settlement all customary closing expenses and all liens and encumbrances, including all § 4(b) claims, as may be necessary to convey good and marketable title to the purchaser. However, nothing in this Plan shall preclude the Debtor from seeking court approval of the sale of the property free and clear of liens and encumbrances pursuant to 11 U.S.C. §363(f), either prior to or after confirmation of the Plan, if, in the Debtor’s judgment, such approval is necessary or in order to convey insurable title or is otherwise reasonably necessary under the circumstances to implement this Plan. (4) Debtor shall provide the Trustee with a copy of the closing settlement sheet within 24 hours of the Closing Date. (5) In the event that a sale of the Real Property has not been consummated by the expiration of the Sale Deadline: Part 8: Order of Distribution The order of distribution of Plan payments will be as follows: Level 1: Trustee Commissions* Level 2: Domestic Support Obligations Level 3: Adequate Protection Payments Level 4: Debtor’s attorney’s fees Level 5: Priority claims, pro rata Level 6: Secured claims, pro rata Level 7: Specially classified unsecured claims Level 8: General unsecured claims Level 9: Untimely filed general unsecured non-priority claims to which debtor has not objected *Percentage fees payable to the standing trustee will be paid at the rate fixed by the United States Trustee not to exceed ten (10) percent. 7 Part 9: Non Standard or Additional Plan Provisions Under Bankruptcy Rule 3015.1(e), Plan provisions set forth below in Part 9 are effective only if the applicable box in Part 1 of this Plan is checked. Nonstandard or additional plan provisions placed elsewhere in the Plan are void. None. If “None” is checked, the rest of Part 9 need not be completed. By signing below, attorney for Debtor(s) or unrepresented Debtor(s) certifies that this Plan contains no nonstandard or additional provisions other than those in Part 9 of the Plan. Date: Attorney for Debtor(s) If Debtor(s) are unrepresented, they must sign below. Date: Debtor Date: Joint Debtor 8 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: Chapter 11 Debtor Bky.No. N O T I CE O F A D M IN I STR A T I V E C L OS IN G To All Creditors and Parties in Interest: On [date], the court determined that the above chapter 11case was fully administered except for the entry of the Debtor's chapter 11 discharge and entered an order, administratively closing the above individual chapter 11bankruptcy case. The administrative closure is for purposes of 28 U.S.C. §1930(a)(6) only, and is not a plenary closure of the case under 11 U.S.C. §350(a) and Fed. R. Bankr. P.3022. Date: For the Cou rt Timothy B. McGrath Clerk of Court 2 B2830 (Form 2830) L.B.F. 4004-3A UNITED STATES BANKRUPTCY COURT District Of In re Case No. Debtor CHAPTER 12 DEBTOR’S CERTIFICATIONS REGARDING DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q) Part I. Certification Regarding Domestic Support Obligations (check no more than one) Pursuant to 11 U.S.C. Section 1228(a), I certify that:  I owed no domestic support obligation when I filed my bankruptcy petition, and I have not been required to pay any such obligation since then.  I am or have been required to pay a domestic support obligation. I have paid all such amounts that my chapter 12 plan required me to pay. I have also paid all such amounts that became due between the filing of my bankruptcy petition and today. Part II. If you checked the second box, you must provide the information below. My current address: My current employer and my employer’s address: B2830 (Form 2830) Part III. Certification Regarding Section 522(q) (check no more than one) Pursuant to 11 U.S.C. Section 1228(f), I certify that:  I have not claimed an exemption pursuant to § 522(b)(3) and state or local law (1) in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate.  I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law (1) that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate. Part IV. Debtor’s Signature I certify under penalty of perjury that the information provided in these certifications is true and correct to the best of my knowledge and belief. Executed on Date Debtor * Amounts are subject to adjustment on 4/01/16, and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. B2830 (Form 2830) L.B.F. 4004-3B UNITED STATES BANKRUPTCY COURT District Of In re Case No. Debtor CHAPTER 13 DEBTOR’S CERTIFICATIONS REGARDING DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q) Part I. Certification Regarding Domestic Support Obligations (check no more than one) Pursuant to 11 U.S.C. Section 1328(a), I certify that:  I owed no domestic support obligation when I filed my bankruptcy petition, and I have not been required to pay any such obligation since then.  I am or have been required to pay a domestic support obligation. I have paid all such amounts that my chapter 13 plan required me to pay. I have also paid all such amounts that became due between the filing of my bankruptcy petition and today. Part II. If you checked the second box, you must provide the information below. My current address: My current employer and my employer’s address: B2830 (Form 2830) Part III. Certification Regarding Section 522(q) (check no more than one) Pursuant to 11 U.S.C. Section 1328(h), I certify that:  I have not claimed an exemption pursuant to § 522(b)(3) and state or local law (1) in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate.  I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law (1) that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), and (2) that exceeds $155,675* in value in the aggregate. Part IV. Debtor’s Signature I certify under penalty of perjury that the information provided in these certifications is true and correct to the best of my knowledge and belief. Executed on Date Debtor L.B.F. 9014-3 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: : Chapter : : Debtor : Bky. No. * * * * * * * NOTICE OF MOTION, RESPONSE DEADLINE AND HEARING DATE (Name of movant) has filed (name of motion) with the court for (describe the relief sought in the motion). 1. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult an attorney). 2. If you do not want the court to grant the relief sought in the Motion or if you want the court to consider your views on the Motion, then on or before XX/XX/XX you or your attorney must file a response to the Motion. (see Instructions on next page). 3. A hearing on the Motion is scheduled to be held on XX/XX/XX, at_ in Courtroom , United States Bankruptcy Court, (address of Bankruptcy Court). Unless the court orders otherwise, the hearing on this contested matter will be an evidentiary hearing. 4. If you do not file a response to the Motion, the court may cancel the hearing and enter an order granting the relief requested in the Motion. 5. You may contact the Bankruptcy Clerk's office for Philadelphia cases at (215) 408- 2800 and for Reading cases at 610-208-5040 to find out whether the hearing has been canceled because no one filed a response. 6. If a copy of the motion is not enclosed, a copy of the Motion will be provided to you if you request a copy from the attorney whose name and address is listed on the next page of this Notice. Filing Instructions 7. If you are required to file documents electronically by Local Bankruptcy Rule 5005-1, you must file your response electronically. 8. If you are not required to file electronically, you must file your response at ( address of bankruptcy clerk's office ) 9. If you mail your response to the bankruptcy clerk’s office for filing, you must mail it early enough so that it will be received on or before the date stated in Paragraph 2 on the previous page of this Notice. 10. On the same day that you file or mail your Response to the Motion, you must mail or deliver a copy of the Response to the movant’s attorney: [Attorney’s name] ………………. [Firm name] …………………….. [Address] ……………………….. [Phone No.] …………………….. [Fax No.] ……………………….. [E-mail address] ………………... [If applicable, name and address of others to be served.] Date:
Official source: https://www.paed.uscourts.gov/sites/paed/files/documents/locrules/bankruptcy/bk_rules_form · retrieved 2026-07-23