Official Form 309I PDF Details

In navigating the complexities of chapter 13 bankruptcy, the Official Form 309I emerges as a critical document for stakeholders involved in these cases. This form serves as a notice to creditors, debtors, and trustees about the initiation of a chapter 13 bankruptcy case, providing essential information such as case identification, details about the debtors, and procedural steps required under the bankruptcy proceedings. It announces the imposition of an automatic stay against most collection activities, offering debtors temporary relief from creditors' actions to collect debts. Key components include the scheduling of the meeting of creditors, deadlines for filing claims or objections, and detailed instructions for secured and unsecured creditors to safeguard their interests. The form also outlines the potential for the discharge of debts, under which certain debts may no longer be recoverable from the debtors post-confirmation of the chapter 13 plan. By including comprehensive details on how to engage with the bankruptcy process, the Official Form 309I becomes an indispensable guide for all parties, aiming to navigate the chapter 13 case efficiently while ensuring compliance with legal obligations and protections.

QuestionAnswer
Form NameOfficial Form 309I
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other names309i, 309i pdf, official form notice bankruptcy, official notice bankruptcy

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Information to identify the case:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Debtor 1

__________________________________________________________________

Last 4 digits of Social Security number or ITIN

___ ___ ___ ___

 

 

 

First Name

Middle Name

Last Name

 

 

 

 

 

 

 

 

 

 

EIN

___ ___ – ___ ___ ___ ___ ___ ___ ___

 

 

 

Debtor 2

________________________________________________________________

Last 4 digits of Social Security number or ITIN

___ ___ ___ ___

 

 

(Spouse, if filing)

First Name

Middle Name

Last Name

 

 

 

 

 

 

 

 

 

 

EIN

___ ___ – ___ ___ ___ ___ ___ ___ ___

 

 

 

United States Bankruptcy Court

for the: ______________________ District of _________

 

 

 

 

 

 

 

 

 

(State)

[Date case filed for chapter 13

______________

 

 

 

 

 

 

 

 

 

MM / DD / YYYY OR

 

 

Case number:

_______________________________________

[Date case filed in chapter _____

______________

 

 

 

 

 

 

 

 

 

MM / DD / YYYY

 

 

 

 

 

 

 

Date case converted to chapter 13

______________]

 

 

 

 

 

 

 

 

 

MM / DD / YYYY

 

 

 

 

 

 

 

 

 

Official Form 309I

 

 

 

 

 

Notice of Chapter 13 Bankruptcy Case

 

 

12/15

 

 

 

 

 

 

 

 

 

 

 

For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has been entered.

This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully.

The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors, the debtors’ property, and certain codebtors. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.

Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under 11 U.S.C. § 1328(f) must file a motion objecting to discharge in the bankruptcy clerk’s office within the deadline specified in this notice. Creditors who want to have their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office by the same deadline. (See line 14 below for more information.)

To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).

The staff of the bankruptcy clerk’s office cannot give legal advice.

To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.

Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.

About Debtor 1:

 

 

About Debtor 2:

 

 

 

 

1.Debtor’s full name

2.All other names used in the last 8 years

3.

Address

 

 

If Debtor 2 lives at a different address:

 

 

 

 

 

 

4.

Debtor’s attorney

 

 

Contact phone

______________________________

 

Name and address

 

 

Email

______________________________

 

 

 

 

 

 

 

 

 

 

5.

Bankruptcy trustee

 

 

Contact phone

______________________________

 

 

 

 

 

Name and address

 

 

Email

______________________________

 

 

 

 

 

6.

Bankruptcy clerk’s office

 

 

Hours open

_______________________________

 

Documents in this case may be

 

 

 

 

 

filed at this address.

 

 

Contact phone

_______________________________

 

You may inspect all records filed

 

 

 

 

 

in this case at this office or

 

 

 

 

 

online at www.pacer.com.

 

 

 

 

 

 

 

 

For more information, see page 2

Official Form 309I

Notice of Chapter 13 Bankruptcy Case

page 1

Debtor

_______________________________________________________

Case number (IF KNOWN)_____________________________________

 

Name

 

7.

Meeting of creditors

 

 

 

 

 

Debtors must attend the meeting

_______________ at

___________

 

Location:

 

 

 

 

 

 

to be questioned under oath. In

Date

Time

 

 

 

a joint case, both spouses must

 

 

 

 

 

attend.

The meeting may be continued or adjourned to a later date. If so,

 

 

Creditors may attend, but are not

the date will be on the court docket.

 

 

 

required to do so.

 

 

 

 

8.

Deadlines

Deadline to file a complaint to challenge

 

Filing deadline: _______________

 

The bankruptcy clerk’s office

dischargeability of certain debts:

 

 

 

must receive these documents

You must file:

 

 

 

 

and any required filing fee by the

a motion if you assert that the debtors are not entitled to

 

 

following deadlines.

 

 

 

 

 

 

 

 

receive a discharge under U.S.C. § 1328(f), or

 

 

 

 

a complaint if you want to have a particular debt excepted

 

 

 

from discharge under 11 U.S.C. § 523(a)(2) or (4).

 

 

 

 

Deadline for all creditors to file a proof of claim

 

Filing deadline: __________________

 

 

(except governmental units):

 

 

 

 

Deadline for governmental units to file a proof of

Filing deadline: __________________

 

 

claim:

 

 

 

 

 

Deadlines for filing proof of claim:

 

 

 

 

A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at

 

 

www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might

 

 

not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules

 

 

that the debtor filed.

 

 

 

 

 

Secured creditors retain rights in their collateral regardless of whether they file a proof of claim.

 

 

Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a

 

 

lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important

 

 

nonmonetary rights, including the right to a jury trial.

 

 

 

 

 

 

 

 

 

Deadline to object to exemptions:

 

Filing deadline: 30 days after the

 

 

The law permits debtors to keep certain property as exempt. If

CONCLUSION of the meeting

 

 

of creditors

 

 

you believe that the law does not authorize an exemption

 

 

 

 

 

 

 

claimed, you may file an objection.

 

 

 

 

 

9.

Filing of plan

[The debtor has filed a plan. The plan or a summary of the plan is enclosed. The hearing on confirmation will be

 

 

held on: ______________ at ___________

Location:__________________________________

 

 

Date

Time ]

 

 

 

 

Or [The debtor has filed a plan. The plan or a summary of the plan and notice of confirmation hearing will be

 

 

sent separately.]

 

 

 

 

 

Or [The debtor has not filed a plan as of this date. A copy of the plan or summary and a notice of the hearing on

 

 

confirmation will be sent separately.]

 

 

10. Creditors with a foreign

If you are a creditor receiving a notice mailed to a foreign address, you may file a motion asking the court to

 

address

extend the deadline in this notice. Consult an attorney familiar with United States bankruptcy law if you have any

 

 

questions about your rights in this case.

 

 

 

 

11. Filing a chapter 13

Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts

 

bankruptcy case

according to a plan. A plan is not effective unless the court confirms it. You may object to confirmation of the

 

 

plan and appear at the confirmation hearing. A copy of the plan [is included with this notice] or [will be sent to

 

you later], and [the confirmation hearing will be held on the date shown in line 9 of this notice] or [the court will

 

send you a notice of the confirmation hearing]. The debtor will remain in possession of the property and may

 

continue to operate the business, if any, unless the court orders otherwise.

12. Exempt property

The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed

to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt. You

 

 

may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does

 

not authorize an exemption that debtors claimed, you may file an objection by the deadline.

13. Discharge of debts

Confirmation of a chapter 13 plan may result in a discharge of debts, which may include all or part of a debt.

However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan

 

 

are made. A discharge means that creditors may never try to collect the debt from the debtors personally except

 

as provided in the plan. If you want to have a particular debt excepted from discharge under 11 U.S.C. §

 

523(a)(2) or (4), you must file a complaint and pay the filing fee in the bankruptcy clerk’s office by the deadline. If

 

you believe that the debtors are not entitled to a discharge of any of their debts under 11 U.S.C. § 1328(f), you

 

must file a motion. The bankruptcy clerk’s office must receive the objection by the deadline to object to

 

exemptions in line 8.

Official Form 309I

Notice of Chapter 13 Bankruptcy Case

page 2

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