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United States Bankruptcy Court
District of Connecticut

 

Judicial Misconduct
and Disability

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Chief Bankruptcy Judge
Hon. Albert S. Dabrowski

Clerk of Court
Gary M. Gfeller

Clerk's Office
ABRAHAM RIBICOFF FEDERAL BUILDING
450 Main Street
Hartford, CT 06103
(860) 240-3675

Quick Guide to Procedural Changes Brought About by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

 

BANKRUPTCY REFORM ACT CHANGES

What follows is a brief description major changes in filing procedures resulting from the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is provided as a guide, and is not intended as a comprehensive list of all changes in procedures rules and forms brought about by the implementation of the act.

1. New Fees:
CHAPTER NEW FEE OLD FEE
Ch. 7 $274 $209
Ch. 13 $189 $194
Ch. 11 $1,039 $839
Ch. 15 (formerly § 304ancillary proceedings) $1039
Adversary Proceedings $250 $150
2. Rules: See, Court’s Standing Orders and Official Interim Rules.
3. Forms:  Official Forms site.
4. Procedures:
                     1. §342 Notice to Debtor: see Official Form B201
                     2. Case Opening: §§521 (a) (1), 707, and 109 require certain documents be filed with the petition. Failure to file may ultimately (depending on the time allowed for compliance) result in dismissal. See Official Form B 200, Required Lists, Schedules, and Statements.

                    A. New Petition,
Form B1: New requirements for petition and ECF procedures include checking the relevant presumption of abuse box, submission of credit counseling certificate, indicating deficiencies, and separate entries for the following:                  

                    B. Means Test–Presumption of Abuse § 707: Within 10 days of the filing of the petition, the Clerk’s Office must issue a Notice of Presumed Abuse if the Means Test documents and Petition indicate there is abuse.

                         1. In Ch. 7 Form B22a and Form B22alt; In Ch. 13 Form B22c and Form B22c alt; in Ch. 11 Form B22b  -or- Motion for Exemption From Means Test citing criteria under §707.

                         2. UST website at http://www.usdoj.gov/ust/ has information from the Census Bureau (median income), IRS and the Administrative Expenses Multiplier used to determine if debtor meets the means test criteria and in turn whether a presumption of abuse exists.

C. Certificate of Credit Counseling § 109:
                        1. UST Approves Credit Counseling and Financial Management Education providers. Court maintains a list of those approved providers on it’s website and at the counters in each court location, and a link to the UST website for this information.
                        2. There is no official court form–but Rule 1007 requires a separate document be filed as a Certificate of Credit Counseling, as well as the indication of compliance on the Petition. The debtor may file such documentation as provided by credit counseling agency in satisfaction of this requirement.
                        3. Alternatively, the debtor may file a Certificate of Exigent Circumstances pursuant to §109, and then file a Certificate of Credit Counseling (no official form, but there is an ECF event for use in making a separate filing) upon completion of counseling; or
                        4. Must indicate on petition that debtor is exempt from requirement under §109 (h)(4) and file a Certificate of Waiver describing in full the grounds for exemption. The court will set a hearing to determine eligibility for waiver.
D. Schedules & Statements § 521 (a) (1) (B): revised Official Forms B6 a-j & declaration are available on Court website.
E. Payment Advice § 521 (a) (1) (B) (iv): All payment advices received from any employer within the 60 days preceding filing of the petition must be filed with the court, no later than 10 days following filing of the petition–but should be filed with the petition. The ECF event Employee Income Records should be used to submit scanned copies of the documents that have been redacted per the provisions of the Privacy Act. The Court will not redact documents.
F. Fees: In Forma Pauperis; Installments; Forms;
                      1. In Forma Pauperis Status may be granted by the court upon the application of the debtor under certain circumstances. See 28 U.S.C. §1930 (F) (1-3). To qualify the debtor’s income cannot exceed 150% of the Poverty Guidelines published by the Department of Health and Human Services. See, http://aspe.hhs.gov/poverty/05poverty.shtml. Payment of fees to an attorney is not an automatic bar to eligibility.

                      Application must be made on the Official Form B3B. If denied the Court may sua sponte grant an installment payment plan; or may entertain an Application to Pay In Installments made within a "reasonable time".

                      2. Applications to Pay the Filing Fee in Installments must also be made on the official form, and may now be made regardless of whether the attorney has received compensation for the case. See Official Form B3A.

                      3. Tax Related Documents § 521 (f): The tax documents to be filed with the Court are only such returns filed during the pendency of the action and produced upon the motion of an interested party. All such documents will be "private" documents that do not appear for viewing in ECF or PACER, and will be made available for viewing only in so far as directed by court order upon a motion for access filed after the filing of the return. Please see the Director’s Guidance on Filing Tax Returns.

                     4. Reaffirmation Agreements § 524: §524 requires specific language in reaffirmation agreements, as well as certifications by counsel, or motions for court approval by pro se litigants. Discharge is withheld pending resolution when court action is required. See new Official Form B240 at Forms link of website.

                     5. Automatic Stay/Intent to Cure Default/Deposit of Funds §362: §362 permits, in certain circumstances, the debtor to maintain stay as to leased property in which the lessor has a judgment. It requires the deposit of rent money with the clerk and notice to the lessor. The petition contains a check box for indicating the debtor’s intent to cure any default. Debtor must then file a Notice of Intent to Cure Default accompanied by the deposit into court of the appropriate funds in cash, certified check or money order. The money will be deposited in the clerk’s registry, notice sent to the lessor of the deposit, and depending on lessor’s response, the court will either set a hearing or direct the funds be sent to the lessor. A Standing Order and procedures will be forthcoming on the website.

                      6. Financial Management Training §§ 727 & 1328 : Is required prior to issuance of a discharge. See Official Form 23, and ECF event Financial Management Course, and the UST website for a list of approved financial management courses.

5. National Creditor Registration Service: See § 342 (e), Rule 2002 (g) (4), Standing Order, and forms available from National Creditor Registration website. A link is available from the court’s website, or is located directly at www.ncrsuscourts.com  for registration of preferred addresses.
6. New ECF Events List is attached below, and can be accessed through our Website ECF link.
7. Miscellaneous issues:
                    1. Change in Form of Caption: See Official Form B16

                    2. Certification of Appeals Directly to the Circuit Court of Appeals §158 : See Rules 8001 & 8003,Official Form 24.

BAPCPA

Table of Changes in Fees:
CHAPTER NEW FEE OLD FEE
Ch. 7 $274 $209
Ch. 13 $189 $194
Ch. 11 $1,039 $839
Ch. 15   (formerly § 304ancillary proceedings) $1039
Adversary Proceedings $250 $150

 

 

BANKRUPTCY REFORM ACT
NEW EVENTS LIST

as of 10/17/05

Appeal
Petition Requesting Direct Appeal
Miscellaneous Event
Balance Sheet
Cash Flow Statement
Certificate of Credit Counseling
Certificate of Service of Tax Information
Certificate of Service of Tax Information to Requestor
Chapter 11 Statement of Current Monthly Income
Chapter 13 Statement of Current Monthly and Disposable Income
Chapter 15 List
Chapter 7 Means Test
Cure of Residential Judgment
Debtor's Rebuttal of Presumption of Abuse
Debtor's Election of Small Business Designation
Declaration by BPP (Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer)
Declaration of Exemption from Means Test
Decision Commencing Foreign Proceeding
Debtor Repayment Plan
Domestic Support Obligations
Employee Income Records
Exigent Circumstances re: Credit Counseling
Expenses Re: FVPS Expenses Re: Family Violence Protection Services
Financial Management Course
Intent to Cure Default
Notice to Debtor by Non-Attorney BPP
Objection to Homestead Exemption
Ombudsman Report
Petition Foreign Proceeding (Chapter 15)
Presumption of Undue Hardship
Protection of Property from Damage
Reaffirmation Disclosure Statement
Recision of Reaffirmation Agreement
Statement of Good Faith
Statement of Operations (Statement of Operations for Small Business)
Statement in Support of Reaffirmation Agreement
Tax Documents
Motions Events
Access to Tax Documents
Avoid Lien on Household Goods
Cancel Meeting of Creditors
Declining Dismissal of Case (Trustee's Motion Declining Dismissal of Case)
Declining Dismissal of Case (batch) (Trustee's Motion Declining Dismissal of Case)
Delay Discharge
Deposit Funds into Court Registry
Determine Value of Property (Trustee’s Motion to Determine Value of Property)
Dismiss Case under 521(I)
Expunge
Exemption from Credit Counseling
Exemption from Financial Management Course
Exemption from Means Test
Extend Time for Credit Counseling
Extend Deadline to File Schedules
Impose Automatic Stay
In Forma Pauperis
Increase Assurance Payment
Reaffirmation
Release Funds from Court Registry
Reinstatement of Retiree Benefits
Restrict Public Access
Seal
Sever Chapter 11 Case
Sever Chapter 13 Case
Sever Chapter 7 Case
Notices Events
Notice of Override of Preferred Address 342(e)
Plan Events
Chapter 11 Small Business Plan
Disclosure Statement for Small Business Chapter 11
Trustee Events
Appointment of Ombudsman
Misstatement of Income         (Notice to Creditors of Material Misstatement of Income or Expenditures of Assets)
Statement of Presumed Abuse
Statement of Presumed Abuse (batch)
Statement of Change of Presumed Abuse
Statement of Change of Presumed Abuse (batch)
Statement of No Determination of Presumed Abuse
Statement of No Determination of Presumed Abuse (batch)
Statement of No Means Testing Documents Filed