Clerk Notices and Guidance Regarding Iowa Bankruptcy

The Notice required to be given by the Clerk to an individual consumer debtor prior to the commencement of a case is available here. This notice will be posted electronically on the Court's web site and will be posted in hard copy format at the filing counters in Cedar Rapids and Sioux City. Effective Sunday, April 9, 2006, the fees to file chapter 7, and 13 petitions changed as follows: Fee to file a Chapter 7 Case - increases to $299.00 Fee to file a Chapter 13 Case - decreases to $274.00 Through Standing Order #11, the bankruptcy judges for the Northern District of Iowa adopted the BAPCPA Interim Rules and Official Forms, which were approved by the Advisory Committee on Bankruptcy Rules and the Committee on Rules of Practice and Procedure. (The amended and new Official Forms have been adopted by the Judicial Conference to implement the new law.) NOTE: On October 13, 2005, a number of revisions to the Interim Bankruptcy Rules and Official Forms were approved by the Executive Committee on behalf of the Judicial Conference of the United States. On October 16, 2005, this Court entered Standing Order No. 15, which vacated Standing Order No. 11 and adopted the approved Revised Interim Rules (Exhibit No. 1 to Standing Order No. 15). To review a Complete Set of Interim Bankruptcy Rules and Official Forms (Revised October 13, 2005), click here. To ensure compliance with the requirements of BAPCPA 2005, the Court has approved an update to the Administrative Procedures for Filing, Signing, Verifying and Maintaining, Pleadings and Other Papers in the Electronic Filing (ECF) System (Administrative Procedures). Included among the more substantial revisions to the document are procedures for In Forma Pauperis (IFP) applications, authority to file Involuntary Petitions through the ECF System and an updated "Minimum Systems Requirement" reference. The U.S. Trustee's listing of Approved Credit Counseling Agencies for the Northern District of Iowa is available here. The Credit Counseling requirement under 11 USC § 109 must be met prior to filing the petition (unless petition is accompanied by a motion for extension for exigent circumstances or a declaration/certification of waiver). The debtor certification is included on the revised petition form, but the certificate of completion will be treated as a completely separate docket event. This docket event satisfies a requirement in the CM/ECF system that must be met before the auto discharge functionality may run. An order of dismissal shall enter in all cases in which the individual debtor either fails to submit the requisite certification and certificate of completion of credit counseling (as required by 11 U.S.C. § 109(h)(1)), or fails to submit an appropriate certification of exigent circumstances for the court's consideration.

The Court has provided a procedural form (IANB 109) to allow for debtor(s) certification of eligibility for waiver and/or exigent circumstances. Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) mandates that the Director of the Administrative Office of the United States Courts establish procedures for safeguarding the confidentiality of tax information required to be provided under 11 U.S.C. § 521.1. The Director's Interim Guidance regarding these issues is available here. Through Standing Order No. 14, the Court has provided a procedure for case dismissals re: Failure to Provide Requested Federal Tax Returns under 11 U.S.C. § 521. Under this procedure, a Motion to Dismiss filed by the case trustee, not earlier than 6 days prior to the first date set for the meeting of creditors, shall be granted by order of the court without further notice and hearing, unless there is a Motion for Exception from Dismissal timely filed by the debtor. Debtor's motion must be filed not later than 7 days prior to the first date set for the meeting of creditors to avoid potential dismissal. 11 USC § 524 now modifies debt reaffirmation guidelines to mandate specified detailed disclosures and explanations to the debtor for dischargeable debt agreements. Pursuant to IANB Standing Order No. 12 and its Exhibit #1 (As amended by Standing Order No. 20),the following form and procedural requirements apply to all Reaffirmation Agreements filed in cases commenced on or after October 17, 2005: Reaffirmation Agreement, as revised (August 2006) will be mandatory. Clerk's Office will not conduct any type of undue hardship calculation. Will rely on disclosures and check boxes. Deficient Reaffirmation Agreement (missing signatures/certifications, incorrect form) and all Pro Se Agreements (whether case is Pro Se or Reaff is not signed by attorney) will be set for hearing on the first available date after the Last Date to Object to Discharge. Judges will hear all reaffirmation agreements at a single hearing in a case that have not cured deficiency. Discharge shall not issue before a hearing is held if Pro Se Reaff is submitted. Through Standing Order No. 20, the Court has adopted Director's Procedureal Form B-240 as the required form for reaffirmation agreements filed in cases commenced on or after October 17, 2005. The Court has entered Standing Order No. 13 to assist in providing a streamlined process for creditors requesting notice to a preferred address. The procedures and forms established through this Order are specifically designed for creditors filing notice in the Northern District of preferred addresses under 11 U.S.C. § 342(f). BAPCPA 2005 necessitated a major overhaul of the CM/ECF system. As a result, the latest version of the ECF system (v. 2.7) includes a large number of new docket events available to attorneys. The Clerk's Office has prepared a New Events List to assist the bankruptcy community in navigating this updated system.Through Standing Order No. 16, the Court has provided a procedure and required form for the certification required under 11 U.S.C. § 522. Pursuant to this Standing Order, debtors wishing to elect to exempt property under State or local law, pursuant to 11 U.S.C. §522(b)(3)(A), and to exempt interest in property described in subparagraphs (A), (B), (C), and (D) of subsection 11 U.S.C. §522(p)(1) which exceeds in the aggregate $125,000, shall prepare and submit for filing a Certification Re: 11 U.S.C. § 522, utilizing the standardized IANB Procedural Form 522 (Form IANB522). Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and to answer some of the most commonly asked questions about the bankruptcy process. The version linked above has been completely revised to reflect the requirements of the new Act. Pursuant to 28 U.S.C. § 1930(f), the court may waive the filing fee in the case of an individual chapter 7 debtor whose income is less than 150 percent of the national poverty line. Two tables reflecting 150 percent of the Department of Health and Human Service's poverty guidelines are posted for the public and courts' use at The US Courts Bankruptcy Information Center.

11 USC § 727 and § 1328 have been amended to require individual debtors filing under chapters 7 and 13 to complete an approved financial management course in order to receive a discharge in their case(s). This requirement is subject to limited and well-defined exceptions. To ensure compliance with this requirement, individual debtors must complete and file a Debtor's Certification of Completion of Instructional Course Concerning Personal Financial Management (Official Form 23) within 45 days after the first date set for the meeting of creditors under § 341 of the Code in a chapter 7 case, or no later than the last payment made by the debtor as required by the plan or the filing of a motion for entry of a discharge under § 1328(b) in a chapter 13 case. Failure to file the certification will result in the case being closed without an entry of discharge.The U.S. Trustee's listing of Approved Personal Financial Management Instructional Courses for Debtors (Debtor Education) Agencies for the Northern District of Iowa is available here. Through Standing Order No. 21, the bankruptcy judges for the Northern District of Iowa are requiring that all petitions and subsequently filed original schedules be prepared and submitted for filing including pages 1 and 2 of the Summary of Schedules/Statistical Summary of Certain Liabilities (Official Form B6). This Standing Order also requires that all adversary complaints filed/adversary proceedings initiated in the Northern District are prepared and submitted for filing including the revised Adversary Cover Sheet (Director's Form B104), as revised 09/06. These requirements are effective October 1, 2006. Through Standing Order #06-22, effective October 1, 2006, the bankruptcy judges for the Northern District of Iowa have adopted revised Interim Rule 1007 as approved by the Judicial Conference. The revisions to Interim Rule 1007 address problems arising from the debtors' obligation to file a certificate showing that they completed the credit counseling as required under the bankruptcy code within the 180 days prior to commencing a bankruptcy case. This rule also establishes the requirement for filing Exhibit D to Official Form #1. The Executive Office of the U.S. Trustees (EOUST) has updated its Means Test Information web page. The web page assists debtors in the completion of their means test forms and can be found here. Recent updates to this page reflect the Consumer Price Index (CPI) data published by the Bureau of Labor Statistics (BLS) on January 19, 2007 and any corresponding adjustments to State Median Family Income figures to reflect the percentage change in the CPI. The U.S. Trustee Program will apply the updated data to cases filed on or after February 1, 2007. On April 1, 2007, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision of Title 28 of the United States Code will become effective. These amended dollar amounts will apply to cases filed on or after April 1, 2007. See the Letter from the Clerk for complete details.

TOP OF THE PAGE

Find a Lawyer