**B 201 (**04/09/06)

UNITED STATES BANKRUPTCY COURT

**NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER \' 342(b)**

**OF THE BANKRUPTCY CODE**

> In accordance with \' 342(b) of the Bankruptcy Code, this notice: (1)
> Describes briefly the services available from credit counseling
> services; (2) Describes briefly the purposes, benefits and costs of
> the four types of bankruptcy proceedings you may commence; and (3)
> Informs you about bankruptcy crimes and notifies you that the Attorney
> General may examine all information you supply in connection with a
> bankruptcy case. You are cautioned that bankruptcy law is complicated
> and not easily described. Thus, you may wish to seek the advice of an
> attorney to learn of your rights and responsibilities should you
> decide to file a petition. Court employees cannot give you legal
> advice.

**1. [Services Available from Credit Counseling Agencies]{.underline}**

**With limited exceptions, \' 109(h) of the Bankruptcy Code requires
that all individual debtors who file for bankruptcy relief on or after
October 17, 2005, receive a briefing that outlines the available
opportunities for credit counseling and provides assistance in
performing a budget analysis**. The briefing must be given within 180
days **[before]{.underline}** the bankruptcy filing. The briefing may be
provided individually or in a group (including briefings conducted by
telephone or on the Internet) and must be provided by a nonprofit budget
and credit counseling agency approved by the United States trustee or
bankruptcy administrator. The clerk of the bankruptcy court has a list
that you may consult of the approved budget and credit counseling
agencies.

**In addition, after filing a bankruptcy case, an individual debtor
generally must complete a financial management instructional course
before he or she can receive a discharge.** The clerk also has a list of
approved financial management instructional courses.

**2. [The Four Chapters of the Bankruptcy Code Available to Individual
Consumer Debtors]{.underline}**

**[Chapter 7]{.underline}: Liquidation (\$245 filing fee, \$39
administrative fee, \$15 trustee surcharge: Total fee \$299)**

1\. Chapter 7 is designed for debtors in financial difficulty who do not
have the ability to pay their existing debts. Debtors whose debts are
primarily consumer debts are subject to a Ameans test@ designed to
determine whether the case should be permitted to proceed under chapter
7. If your income is greater than the median income for your state of
residence and family size, in some cases, creditors have the right to
file a motion requesting that the court dismiss your case under \'
707(b) of the Code. It is up to the court to decide whether the case
should be dismissed.

2\. Under chapter 7, you may claim certain of your property as exempt
under governing law. A trustee may have the right to take possession of
and sell the remaining property that is not exempt and use the sale
proceeds to pay your creditors.

3\. The purpose of filing a chapter 7 case is to obtain a discharge of
your existing debts. If, however, you are found to have committed
certain kinds of improper conduct described in the Bankruptcy Code, the
court may deny your discharge and, if it does, the purpose for which you
filed the bankruptcy petition will be defeated.

4\. Even if you receive a general discharge, some particular debts are
not discharged under the law. Therefore, you may still be responsible
for most taxes and student loans; debts incurred to pay nondischargeable
taxes; domestic support and property settlement obligations; most fines,
penalties, forfeitures, and criminal restitution obligations; certain
debts which are not properly listed in your bankruptcy papers; and debts
for death or personal injury caused by operating a motor vehicle,
vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a
creditor can prove that a debt arose from fraud, breach of fiduciary
duty, or theft, or from a willful and malicious injury, the bankruptcy
court may determine that the debt is not discharged.

**[Chapter 13]{.underline}: Repayment of All or Part of the Debts of an
Individual with Regular Income (\$235.00 filing fee, \$39 administrative
fee: Total fee \$274.00)**

1\. Chapter 13 is designed for individuals with regular income who would
like to pay all or part of

their debts in instalments over a period of time. You are only eligible
for chapter 13 if your debts do not exceed certain dollar amounts set
forth in the Bankruptcy Code.

2\. Under chapter 13, you must file with the court a plan to repay your
creditors all or part of the money that you owe them, using your future
earnings. The period allowed by the court to repay your debts may be
three years or five years, depending upon your income and other factors.
The court must approve your plan before it can take effect.

FORM B201 Page 2

3\. After completing the payments under your plan, your debts are
generally discharged except for domestic support obligations; most
student loans; certain taxes; most criminal fines and restitution
obligations; certain debts which are not properly listed in your
bankruptcy papers; certain debts for acts that caused death or personal
injury; and certain long term secured obligations.

**[Chapter 11]{.underline}: Reorganization (\$1000 filing fee, \$39
administrative fee: Total fee \$1039)**

Chapter 11 is designed for the reorganization of a business but is also
available to consumer debtors. Its provisions are quite complicated, and
any decision by an individual to file a chapter 11 petition should be
reviewed with an attorney.

**[Chapter 12]{.underline}: Family Farmer or Fisherman (\$200 filing
fee, \$39 administrative fee: Total fee \$239)**

Chapter 12 is designed to permit family farmers and fishermen to repay
their debts over a period of time from future earnings and is similar to
chapter 13. The eligibility requirements are restrictive, limiting its
use to those whose income arises primarily from a family-owned farm or
commercial fishing operation.

**3. [Bankruptcy Crimes and Availability of Bankruptcy Papers to Law
Enforcement Officials]{.underline}**

A person who knowingly and fraudulently conceals assets or makes a false
oath or statement under penalty of perjury, either orally or in writing,
in connection with a bankruptcy case is subject to a fine, imprisonment,
or both. All information supplied by a debtor in connection with a
bankruptcy case is subject to examination by the Attorney General acting
through the Office of the United States Trustee, the Office of the
United States Attorney, and other components and employees of the
Department of Justice.

**WARNING:** Section 521(a)(1) of the Bankruptcy Code requires that you
promptly file detailed information regarding your creditors, assets,
liabilities, income, expenses and general financial condition. Your
bankruptcy case may be dismissed if this information is not filed with
the court within the time deadlines set by the Bankruptcy Code, the
Bankruptcy Rules, and the local rules of the court.

**Certificate of \[Non-Attorney\] Bankruptcy Petition Preparer**

I, the \[non-attorney\] bankruptcy petition preparer signing the
debtor=s petition, hereby certify that I delivered to the debtor this
notice required by \' 342(b) of the Bankruptcy Code.

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Printed name and title, if any, of Bankruptcy Petition Preparer Social
Security number (If the bankruptcy petition

> preparer is not an individual, state the Social Security

Address: number of the officer, principal, responsible person, or

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partner of the bankruptcy petition preparer.) (Required

> by 11 U.S.C. \' 110.)

X\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Bankruptcy Petition Preparer or officer,

principal, responsible person, or partner whose Social

Security number is provided above.

**Certificate of the Debtor**

I (We), the debtor(s), affirm that I (we) have received and read this
notice.

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Printed Name(s) of Debtor(s) Signature of Debtor Date

Case No. (if known) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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> Signature of Joint Debtor (if any) Date