CAEB — Complaints Against Pro Se Debtors Pursuant to 11 U.S.C. §§ 523 and 727

Source: https://www.caeb.uscourts.gov//documents/forms/generalorders/GO.98-05.pdf

Sparse pages use OCR; original PDF remains authoritative.

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA Inre: ) Complaints Against Pro Se Debtors ) General Order 98-5 Pursuant to 11 U.S.C. §§ 523 and 727 ) IT IS HEREBY ORDERED that in all adversary proceedings in Chapter 7 cases in this district filed pursuant to either or both 11 U.S.C. §523 and 11 U.S.C. §727 where the debtor or debtors are not represented by counsel, the plaintiff shall serve with the summons and complaint a copy of NOTICE TO PRO SE DEBTOR(S), in the form attached hereto as Exhibit 1, together with a sufficient number of copies for service, filing, and conforming of the ANSWER in the form attached hereto as Exhibit 2 with the caption information completed. The Exhibit designations shall be deleted from the copies served. When service of Exhibits 1 and 2 is required, the plaintiff shall file with the clerk a declaration that copies of the NOTICE TO PRO SE DEBTOR(S) and the ANSWER, in the required number of copies, were served together with the summons and complaint. IT IS FURTHER ORDERED that the clerk shall include a copy of this order and copies of Exhibits 1 and 2 with each summons issued with respect to complaints filed in Chapter 7 cases pursuant to 11 U.S.C. §§ 523 and 727 where the court records do not indicate that the debtor or debtors are represented by counsel This General Order supersedes General Order 98-1 DATEIx, Novemer 7, 1998 iN fi Michael S. McManus, Judge ue Di beckKeah—~ (ope Dickson McKeag, Judge Christopher M. Klein, Judge BD Merned Brett Dorian, Judge Whitney Rim dge

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION NOTICE TO PRO SE DEBTOR(S) You have received this notice because the creditor whose name appears as plaintiff in the papers accompanying this notice has filed a proceeding against you to either have the bankruptcy discharge you will be receiving not affect the creditor’s claim (non-dischargeability pursuant to Bankruptcy Code Section 523) or to deny entry of your discharge (denial of discharge pursuant to Bankruptcy Code Section 727). Non-dischargeability as to a particular debt means that a creditor who obtains such a judgment will be free to enforce that creditor’s claim against you despite your bankruptcy filing and the discharge entered in your bankruptcy proceeding. Enforcement can include wage garnishment and seizure of property not subject to exemption under federal or state law. Denial of discharge means that despite your bankruptcy filing, you will not be granted a discharge and that all of your creditors (not just the party filing the complaint against you) will be able to continue to pursue their claims against you. If you do not file with the bankruptcy court and serve upon the plaintiff's attorney a written response within thirty (30) days from the date the summons was issued (NOT 30 days from the date the summons and complaint were mailed to or received by you), your default and a judgment against you can be entered. There is no fee payable to the clerk for filing the answer. You are urged to have an attorney represent you, but representation by an attorney is not required. If you wish to do so, you may utilize the form answer which accompanies this notice. A signed original must be received by the court clerk at 501 I Street, Suite 3-200, Sacramento, CA 95814 no later than thirty (30) days from the date the summons was issued. Your answer must also contain a certificate under penalty of perjury that a copy of the answer was mailed to the plaintiff's attorney at the address shown on the summons. A form for this appears at the end of the answer. If you wish to have a copy of the answer you file with the clerk which shows the date on which it was received by the clerk, you must enclose an additional copy of the answer, together with a stamped return envelope, or you may personally file the answer at the clerk’s office and receive back a file stamped copy at the time of filing. It is also essential that you appear in court for the pre-trial hearing at the time and place noted on the summons. This notice has been sent to you pursuant to order of the court. EDC 3-100 (S) (3/5/99) [Exhibit 1, General Order 98-5] (Sacramento Division)

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

NOTICE TO PRO SE DEBTOR(S)

You have received this notice because the creditor whose name appears as “plaintiff” in the

papers accompanying this notice has filed a proceeding against you to either have the bankruptcy discharge you will be receiving not affect the creditor’s claim (non-dischargeability pursuant to Bankruptcy Code Section 523) or to deny entry of your discharge (denial of discharge pursuant to Bankruptcy Code Section 727).

Non-dischargeability as to a particular debt means that a creditor who obtains such a

judgment will be free to enforce that creditor’s claim against you despite your bankruptcy filing and the discharge entered in your bankruptcy proceeding. Enforcement can include wage garnishment and seizure of property not subject to exemption under federal or state law.

Denial of discharge means that despite your bankruptcy filing, you will not be granted a

discharge and that all of your creditors (not just the party filing the complaint against you) will be able to pursue their claims against you.

If you do not file with the bankruptcy court and serve upon the plaintiff’s attorney a written

response within thirty (30) days from the date the summons was issued (NOT 30 days from the date the summons and complaint were mailed to or received by you), your default and a judgment against you can be entered. There is no fee payable to the clerk for filing the answer.

You are urged to have an attorney represent you, but representation by an attorney is not

required. If you wish to do so, you may utilize the form answer which accompanies this notice. A signed original must be received by the clerk of court at 2500 Tulare Street, Suite 2501, Fresno, CA 93721-1318, no later than thirty (30) days from the date the summons was issued. Your answer must also contain a certificate under penalty of perjury that a copy of the answer was mailed to the plaintiff’s attorney at the address shown on the summons. A form for this appears at the end of the answer.

If you wish to have a copy of the answer you file with the clerk which shows the date on

which it was received by the clerk, you must enclose an additional copy of the answer, together with a stamped return envelope, or you may personally file answer at the clerk’s office and receive back a file stamped copy at the time of filing.

It is also essential that you appear in court for the pre-trial hearing at the time and place noted

on the summons.

This notice has been sent to you pursuant to order of the court.

EDC 3-100(F) (Rev. 2/27/06) [Exhibit 1, General Order 98-5] (Fresno Division)

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA MODESTO DIVISION NOTICE TO PRO SE DEBTOR(S) You have received this notice because the creditor whose name appears as plaintiff in the papers accompanying this notice has filed a proceeding against you to either have the bankruptcy discharge you will be receiving not affect the creditor’s claim (non-dischargeability pursuant to Bankruptcy Code Section 523) or to deny entry of your discharge (denial of discharge pursuant to Bankruptcy Code Section 727). Non-dischargeability as to a particular debt means that a creditor who obtains such a judgment will be free to enforce that creditor’s claim against you despite your bankruptcy filing and the discharge entered in your bankruptcy proceeding. Enforcement can include wage garnishment and seizure of property not subject to exemption under federal or state law. Denial of discharge means that despite your bankruptcy filing, you will not be granted a discharge and that all of your creditors (not just the party filing the complaint against you) will be able to continue to pursue their claims against you. If you do not file with the bankruptcy court and serve upon the plaintiff's attorney a written response within thirty (30) days from the date the summons was issued (NOT 30 days from the date the summons and complaint were mailed to or received by you), your default and a judgment against you can be entered. There is no fee payable to the clerk for filing the answer. You are urged to have an attorney represent you, but representation by an attorney is not required. If you wish to do so, you may utilize the form answer which accompanies this notice. A signed original must be received by the court clerk at 1130 12" Street, Suite C, Modesto, CA 95354, (mailing address: P.O. Box 5276, Modesto CA 95352) no later than thirty (30) days from the date the summons was issued. Your answer must also contain a certificate under penalty of perjury that a copy of the answer was mailed to the plaintiff's attorney at the address shown on the summons. A form for this appears at the end of the answer. If you wish to have a copy of the answer you file with the clerk which shows the date on which it was received by the clerk, you must enclose an additional copy of the answer, together with a stamped return envelope, or you may personally file the answer at the clerk’s office and receive back a file stamped copy at the time of filing. It is also essential that you appear in court for the pre-trial hearing at the time and place noted on the summons. This notice has been sent to you pursuant to order of the court. EDC 3-100 (M) (3/5/99) [Exhibit 1, General Order 98-5] (Modesto Division)

10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Name ( s) Addre ss City, State, Zip Code Telephone Number Defendant(s), Pro Se In re UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) Bankruptcy Case No Debtor(s). ) Plaintiff(s), ) Adversary Proceeding No. Defendant(s) . se, a ANSWER Each defendant whose signature appears below, appearing pro lleges that this is a core proceeding and [cugck one sox]: QO denies each and every other allegation of the complaint other than the procedural facts regarding the filing of the bankruptcy petition herein; tor) QO admits being indebted to plaintiff at the time the bankruptcy petition was filed herein but denies each and every other EDC 3-101 (11/98) Page 1 of 2 {Exhibit 2, General Order 98-5]

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allegation of the complaint, other than the procedural facts regarding the filing of the bankruptcy petition Dated Defendant Defendant CERTIFICATE OF SERVICE I, the undersigned, whose address is (STREET ADDRESS) , certify that I {CITY, STATE AND ZIP CODE) am, and at all times hereinafter mentioned was, more than 18 years of age and that on , I served a true copy [DATE ANSWER MAILED) of the foregoing ANSWER by U.S. Mail, first class postage pre-paid, addressed as f0O110OWS ser paiow xaue ann ADDRESS OF PLAINTIFY’S ATTORNEY AS SHOWN ON SUMMONS] 2 I certify under penalty of perjury that the foregoing is true and correct Dated: [SIGNATURE OF PERSON SERVING ANSWER] EDC 3-101 (11/98) Page 2 of 2 [Exhibit 2, General Order 98-5]