§ 342
NOTICE TO INDIVIDUAL CONSUMERS
This notice is provided
pursuant to 11 USC § 527 (a)(2), and is given in
addition to the Notice to Individual Consumer Debtor(s) required pursuant to 11
USC § 342(b)(1).
A.
All information
that you, the debtor, are required to provide in order to file a petition and
all documents throughout any bankruptcy case is required to be complete,
accurate, and truthful.
B.
All assets
(property of any nature) and liabilities (debts and claims of any nature) are
required to be completely and accurately disclosed in the papers filed with the
bankruptcy court in connection with the case. The replacement value of each
asset, which is determined as of the date of filing of your petition in
bankruptcy without deduction for costs of sale or marketing and or the price a
retail merchant would charge for property of that kind considering the age and
condition of the property at the time value is determined, must be stated in
those documents where requested after reasonable inquiry to establish the value.
C.
Accurate, current
monthly income and expenses must be stated, as follows:
1.
In a chapter 7
case, current monthly income reduced by reasonable monthly expenses as
specified under the National Standards issued by the IRS for your residential
area, along with your actual monthly expenses or categories specified as Other
Necessary Expenses for you, your spouse and your dependents. Such expenses
shall include reasonably necessary health insurance, disability insurance, and
health savings account expenses for you, your spouse and your dependents. Such
amounts shall not include payments for debts. Such amounts shall include your
reasonably necessary expenses to protect yourself your spouse or your
dependents form family violence. If it demonstrated that it is reasonably and
necessary, your budget may include an additional allowance for food and
clothing of up to 5% of the food and clothing categories as issued in the
National Standards issued by the IRS.
Your
monthly expenses may include the continuation of actual expenses paid by you
that are reasonable and necessary for care and support of an elderly,
chronically ill, or disabled household member or member of your immediate
family (including parents, grandparents, siblings, children, and
grandchildren), your dependents and your spouse, who are unable to pay their
own expenses.
Your
expenses may also include the actual expenses for each dependent child less
than 18 years of age, not to exceed $1,500.00 per year per child, to attend a
private or public elementary or secondary school if you provide documentation
of such expenses and a detailed explanation of why such expenses are reasonable
and necessary, and why such expenses are not already accounted for in the
National Standards issued by the IRS.
Your
expenses may also include an allowance for housing and utilities, in excess of
the National Standards issued by the IRS if you provide documentation of such
actual expenses and demonstrate that such actual expenses are reasonable and
necessary.
2.
In a Chapter 13,
in addition to the above, your monthly expenses may include the actual expenses
of administering your chapter 13 case, up to 10% of all projected plan
payments.
In
a Chapter 13, to determine your disposable income (that is, income available
over your expense with which to pay your creditors), you will calculate your
average monthly payments on account of secured debts, by calculating the sum of
(a) the total of all amounts scheduled as due under the contract with your secured creditor in each month of
the 60 months following the date of filing of your petition; and (b) any
additional payments to secured creditors necessary for you to maintain
possession of your primary residence, motor vehicle, or other property
necessary for your support and the support of your spouse and dependents, that
serves as collateral for secures debts, divided by 60.
Your
priority claims, such as child support and spousal support, shall be calculated
as the total amount of debts entitles to priority divided by 60.
You
must attest under oath that the information provided relative to income and
expenses are accurate. You must include a statement showing your calculations.
D.
You must provide
a list of creditors, including names, addresses, account numbers and balances
due. If you are unsure of this information, use the information printed on the
last 2 communications you have received from each creditor. Do not use the
address provided by your creditor to send payments. Do use the address provided
by your creditor for correspondence. You may use the balances due on the latest
of the last 2 statements sent to you by each creditor.
E.
Certain property
is exempt from attachment, execution or garnishment by your creditors. This
means that you may keep that property, generally. In order to determine whether
your property is exempt, you may use the exemption sheets attached. The
attached are citations to the law which creates the exemption, a brief
explanation of the scope of the exemption, and the dollar limitations, per
person, of each exemption. Certain assets, such as retirement plans created
pursuant to Section 401(k) of the Internal Revenue Code, are not listed as
subject to exemption because they are not property that the creditors can take.
Those assets still must be disclosed to the Court in your bankruptcy papers.
F.
Information that
you provide may be audited. Failure to provide such information may result in
the dismissal of your case or other sanction, including criminal sanctions.