Fill in this information to identify your case:

United States Bankruptcy Court for the:

SOUTHERN DISTRICT OF FLORIDA, FORT LAUDERDALE DIVISION

Case number (if known) Chapter you are filing under:  Chapter 7

 Chapter 11

 Chapter 12

 Chapter 13  Check if this an amended

filing

Official Form 101

Voluntary Petition for Individuals Filing for Bankruptcy 12/17

The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,”the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish

between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms.

Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more

space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every

question.

Part 1: Identify Yourself

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

1. Your full name Write the name that is on

your government-issued

picture identification (for example, your driver's

license or passport).

Bring your picture

identification to your meeting with the trustee.

Rhona

First name First name

E

Middle name Middle name

Guilarte

Last name and Suffix (Sr., Jr., II, III) Last name and Suffix (Sr., Jr., II, III)

2. All other names you have used in the last 8 years

Include your married or

maiden names.

3. Only the last 4 digits of

your Social Security number or federal

Individual Taxpayer

Identification number

(ITIN)

xxx-xx-9125

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 1

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 1 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

4. Any business names and

Employer Identification Numbers (EIN) you have used in the last 8 years  I have not used any business name or EINs.  I have not used any business name or EINs.

Include trade names and

doing business as names Business name(s) Business name(s)

EINs EINs

5. Where you live If Debtor 2 lives at a different address:

12508 NW 18th Ct

Pembroke Pines, FL 33028-2503

Number, Street, City, State & ZIP Code Number, Street, City, State & ZIP Code

Broward

County County

If your mailing address is different from the one

above, fill it in here. Note that the court will send any

notices to you at this mailing address.

If Debtor 2's mailing address is different from yours, fill it in

here. Note that the court will send any notices to this mailing

address.

Number, P.O. Box, Street, City, State & ZIP Code Number, P.O. Box, Street, City, State & ZIP Code

6. Why you are choosing

this district to file for bankruptcy

Check one:

 Over the last 180 days before filing this petition, I

have lived in this district longer than in any other district.

 I have another reason. Explain. (See 28 U.S.C. § 1408.)

Check one:

 Over the last 180 days before filing this petition, I have

lived in this district longer than in any other district.

 I have another reason. Explain. (See 28 U.S.C. § 1408.)

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 2

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 2 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

Part 2: Tell the Court About Your Bankruptcy Case

7. The chapter of the Bankruptcy Code you are

choosing to file under

Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form

2010)). Also, go to the top of page 1 and check the appropriate box.  Chapter 7

 Chapter 11

 Chapter 12

 Chapter 13

8. How you will pay the fee  I will pay the entire fee when I file my petition. Please check with the clerk’s office in your local court for more details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier’s check, or money order.

If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with a

pre-printed address.  I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A).

 I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that applies to

your family size and you are unable to pay the fee in installments). If you choose this option, you must fill out the Application

to Have the Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition.

9. Have you filed for bankruptcy within the last

8 years?

 No.

Yes. District When Case number

District When Case number

District When Case number

10. Are any bankruptcy cases pending or being filed by

a spouse who is not filing

this case with you, or by

a business partner, or by

an affiliate?

 No

Yes.

Debtor Relationship to you

District When Case number, if known Debtor Relationship to you

District When Case number, if known

11. Do you rent your

residence?

 No. Go to line 12.

Yes. Has your landlord obtained an eviction judgment against you?

 No. Go to line 12.

 Yes. Fill outInitial Statement About an Eviction Judgment Against You (Form 101A) and file it as part of this bankruptcy petition.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 3

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 3 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

Part 3: Report About Any Businesses You Own as a Sole Proprietor

12. Are you a sole proprietor of any full- or part-time business?

 No. Go to Part 4.

Yes. Name and location of business

A sole proprietorship is a

business you operate as an

individual, and is not a

separate legal entity such as a corporation, partnership, or LLC.

Name of business, if any

If you have more than one

sole proprietorship, use a

separate sheet and attach it

to this petition.

Number, Street, City, State & ZIP Code

Check the appropriate box to describe your business:  Health Care Business (as defined in 11 U.S.C. § 101(27A))

 Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))

 Stockbroker (as defined in 11 U.S.C. § 101(53A))

 Commodity Broker (as defined in 11 U.S.C. § 101(6))

 None of the above

13. Are you filing under Chapter 11 of the Bankruptcy Code and are

you a small business debtor?

If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it can set appropriate

deadlines. If you indicate that you are a small business debtor, you must attach your most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure in 11

U.S.C. 1116(1)(B).

For a definition of small

business debtor, see 11

U.S.C. § 101(51D).  No. I am not filing under Chapter 11.

 No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in the Bankruptcy

Code.

Yes.

I am filing under Chapter 11 and I am a small business debtor according to the definition in the Bankruptcy Code.

Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14. Do you own or have any

property that poses or is

alleged to pose a threat of

imminent and identifiable hazard to public health or safety? Or do you own

any property that needs

immediate attention?

 No.

Yes. What is the hazard?

If immediate attention is needed, why is it needed?

For example, do you own

perishable goods, or

livestock that must be fed, or a building that needs urgent repairs?

Where is the property?

Number, Street, City, State & Zip Code

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 4

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 4 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case): 15. Tell the court whether you have received a briefing about credit counseling.

The law requires that you

receive a briefing about credit counseling before you

file for bankruptcy. You must truthfully check one of

the following choices. If you

cannot do so, you are not

eligible to file.

If you file anyway, the court can dismiss your case, you will lose whatever filing fee

you paid, and your creditors

can begin collection

activities again.

You must check one: You must check one:

 I received a briefing from an approved credit counseling agency within the 180 days before I

filed this bankruptcy petition, and I received a

certificate of completion. Attach a copy of the certificate and the payment plan,

if any, that you developed with the agency.

 I received a briefing from an approved credit counseling agency within the 180 days before I filed

this bankruptcy petition, and I received a certificate of completion. Attach a copy of the certificate and the payment plan, if any,

that you developed with the agency.  I received a briefing from an approved credit counseling agency within the 180 days before I

filed this bankruptcy petition, but I do not have a

certificate of completion. Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment

plan, if any.

 I received a briefing from an approved credit counseling agency within the 180 days before I filed

this bankruptcy petition, but I do not have a certificate of completion. Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment plan, if any.  I certify that I asked for credit counseling

services from an approved agency, but was unable to obtain those services during the 7

days after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirement.

To ask for a 30-day temporary waiver of the

requirement, attach a separate sheet explaining what efforts you made to obtain the briefing, why you were

unable to obtain it before you filed for bankruptcy, and what exigent circumstances required you to file this

case. Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a

briefing before you filed for bankruptcy.

If the court is satisfied with your reasons, you must still receive a briefing within 30 days after you file. You must file a certificate from the approved agency, along with a copy of the payment plan you developed,

if any. If you do not do so, your case may be

dismissed.

Any extension of the 30-day deadline is granted only

for cause and is limited to a maximum of 15 days.

 I certify that I asked for credit counseling services

from an approved agency, but was unable to obtain

those services during the 7 days after I made my

request, and exigent circumstances merit a 30-day

temporary waiver of the requirement.

To ask for a 30-day temporary waiver of the requirement, attach a separate sheet explaining what efforts you made to

obtain the briefing, why you were unable to obtain it before

you filed for bankruptcy, and what exigent circumstances

required you to file this case. Your case may be dismissed if the court is dissatisfied with

your reasons for not receiving a briefing before you filed for bankruptcy.

If the court is satisfied with your reasons, you must still

receive a briefing within 30 days after you file. You must file

a certificate from the approved agency, along with a copy of

the payment plan you developed, if any. If you do not do so, your case may be dismissed. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days.

 I am not required to receive a briefing about credit counseling because of:  I am not required to receive a briefing about credit counseling because of:  Incapacity.

I have a mental illness or a mental deficiency

that makes me incapable of realizing or making

rational decisions about finances.

 Incapacity.

I have a mental illness or a mental deficiency that

makes me incapable of realizing or making rational

decisions about finances.  Disability.

My physical disability causes me to be unable

to participate in a briefing in person, by phone, or through the internet, even after I reasonably

tried to do so.

 Disability.

My physical disability causes me to be unable to

participate in a briefing in person, by phone, or through

the internet, even after I reasonably tried to do so.  Active duty.

I am currently on active military duty in a

military combat zone.

 Active duty.

I am currently on active military duty in a military

combat zone.

If you believe you are not required to receive a briefing

about credit counseling, you must file a motion for waiver credit counseling with the court.

If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court.

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 5

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 5 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

Part 6: Answer These Questions for Reporting Purposes

16. What kind of debts do

you have?

16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as “incurred by an

individual primarily for a personal, family, or household purpose.”  No. Go to line 16b.

 Yes. Go to line 17.

16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money

for a business or investment or through the operation of the business or investment. No. Go to line 16c.

 Yes. Go to line 17.

16c. State the type of debts you owe that are not consumer debts or business debts

17. Are you filing under Chapter 7?

 No. I am not filing under Chapter 7. Go to line 18.

Do you estimate that after any exempt property is

excluded and

administrative expenses

are paid that funds will be

available for distribution

to unsecured creditors?

Yes.

I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and administrative expenses are

paid that funds will be available to distribute to unsecured creditors?

 No

Yes

18. How many Creditors do

you estimate that you

owe?

 1-49

 50-99

 100-199

 200-999

 1,000-5,000

 5001-10,000

 10,001-25,000

 25,001-50,000

 50,001-100,000

 More than100,000

19. How much do you

estimate your assets to

be worth?

 $0 - $50,000

 $50,001 - $100,000

 $100,001 - $500,000

 $500,001 - $1 million

 $1,000,001 - $10 million

 $10,000,001 - $50 million

 $50,000,001 - $100 million

 $100,000,001 - $500 million

 $500,000,001 - $1 billion

 $1,000,000,001 - $10 billion

 $10,000,000,001 - $50 billion

More than $50 billion

20. How much do you

estimate your liabilities to

be?

 $0 - $50,000

 $50,001 - $100,000

 $100,001 - $500,000

 $500,001 - $1 million

 $1,000,001 - $10 million

 $10,000,001 - $50 million

 $50,000,001 - $100 million

 $100,000,001 - $500 million

 $500,000,001 - $1 billion

 $1,000,000,001 - $10 billion

 $10,000,000,001 - $50 billion

 More than $50 billion

Part 7: Sign Below

For you I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct.

If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13 of title 11, United

States Code. I understand the relief available under each chapter, and I choose to proceed under Chapter 7.

If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out this document, I

have obtained and read the notice required by 11 U.S.C. § 342(b).

I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.

I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy

case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

/s/ Rhona E Guilarte

Rhona E Guilarte Signature of Debtor 2

Signature of Debtor 1

Executed on September 27, 2019 Executed on MM / DD / YYYY MM / DD / YYYY

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 6

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 6 of 17
Debtor 1 Guilarte, Rhona E Case number (if known)

For your attorney, if you are

represented by one

If you are not represented by

an attorney, you do not need

to file this page.

I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each chapter for which the

person is eligible. I also certify that I have delivered to the debtor(s) the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no knowledge after an inquiry that the information in the schedules filed with the

petition is incorrect.

/s/ Elias L. Dsouza Date September 27, 2019

Signature of Attorney for Debtor MM / DD / YYYY

Elias L. Dsouza

Printed name Elias Leonard Dsouza, PA

Firm name

8751 W Broward Blvd Ste 301

Plantation, FL 33324-2632

Number, Street, City, State & ZIP Code

Contact phone (954) 358-5911 Email address dtdlaw@aol.com

399477

Bar number & State

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy page 7

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 7 of 17
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United States Bankruptcy Court

IN RE: Case No. 

Debtor(s)

Chapter 

The above named debtor(s) hereby verify(ies) that the attached matrix listing creditorsistrue to the best of my(our) knowledge.

Date: Signature: 

Debtor

Date: Signature: 

Joint Debtor, if any

Southern District of Florida, Fort Lauderdale Division

VERIFICATION OF CREDITOR MATRIX

Guilarte, Rhona E 13

September 27, 2019 /s/ Rhona E Guilarte

Rhona E Guilarte

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 8 of 17
American Express

POB 981537

El Paso, TX 79998-1537

American Express

PO Box 981537

El Paso, TX 79998-1537

American Express

535 Anton Blvd Ste 100

Costa Mesa, CA 92626-7199

Bank Of America

4060 Standton Rd

Newark, DE 19702

Bank Of America

4060 Stanton Rd

Newark, DE 19702

Bank United FSB

7815 NW 148th St

Miami Lakes, FL 33016-0000

BMW Bank Of North America

2735 E Parleys Way Ste 301

Salt Lake City, UT 84109-1666

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 9 of 17
BMW Financial Service

PO Box 660545

Dallas, TX 75266-0545

BMW Financial Services

5550 Britton Pkwy

Hilliard, OH 43026-7456

Broward Health Imperial Point

1608 SE 3rd Ave

Ft Lauderdale, FL 33316-0000

C2C Resources LLC

56 Perimeter Ctr E Ste 100

Atlanta, GA 30346-2214

Capital One

PO Box 60599

City of Industry, CA 91716-0599

Capital One Bank USA NA

PO Box 85015

Richmond, VA 23285-5015

Commercial Collectors Inc.

PO Box 337

Montrose, MN 55363-0337

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 10 of 17
Commercial Collectors, Inc

PO Box 337

Montrose, MN 55363-0337

Discover Bank

PO Box 6105

Carol Stream, IL 60197-6105

GS Bayview LLC

1631 S Federal Hwy

Pompano Beach, FL 33062-7536

Internal Revenue Service

PO Box 7346

Philadelphia, PA 19101-7346

Navient

PO Box 9655

Wilkes Barre, PA 18773-9655

O-Tec Dental Laboratory

2851 W 120th St Ste E

Hawthorne, CA 90250-3396

Patterson Companies Inc.

1031 Mendota Heights Rd

Saint Paul, MN 55120-1419

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 11 of 17
Patterson Companies, Inc.

25031 Network Pl

Chicago, IL 60673-1250

Patterson Dental Supply

28244 Network Pl

Chicago, IL 60673-1282

Phoenix ED Med of Broward, LLC.

PO Box 38048

Philadelphia, PA 19101-0813

Pronto Urgent Care, LLC

2500 E Commercial Blvd Ste D

Fort Lauderdale, FL 33308-4124

SYNCB/Care Credit

POB 965036

Orlando, FL 32896-5036

Talianoff Rubin & Rubin

8585 Sunset Dr Ste 105

Miami, FL 33143-3746

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 12 of 17
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B201B (Form 201B) (12/09)

IN RE: Case No. 

Debtor(s)

Chapter 

UNDER § 342(b) OF THE BANKRUPTCY CODE

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 the attached

notice, as required by § 342(b) of the Bankruptcy Code.

Printed Name and title, if any, of Bankruptcy Petition Preparer

Address:

X

Signature of Bankruptcy Petition Preparer of officer, principal, responsible person, or

partner whose Social Security number is provided above.

Social Security number (If the bankruptcy

petition preparer is not an individual, state

the Social Security number of the officer,

principal, responsible person, or partner of

the bankruptcy petition preparer.)

(Required by 11 U.S.C. § 110.)

Certificate of the Debtor

I (We), the debtor(s), affirm that I (we) have received and read the attached notice, as required by § 342(b) of the Bankruptcy Code.

Printed Name(s) of Debtor(s)

X

Signature of Debtor Date

Case No. (if known) X

Signature of Joint Debtor (if any) Date

Instructions: Attach a copy of Form B 201A, Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code.

Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) only if the certification has

NOT been made on the Voluntary Petition, Official Form B1. Exhibit B on page 2 of Form B1 contains a certification by the debtor’s

attorney that the attorney has given the notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on

page 3 of Form B1 also include this certification.

United States Bankruptcy Court

Southern District of Florida, Fort Lauderdale Division

CERTIFICATION OF NOTICE TO CONSUMER DEBTOR(S)

Guilarte, Rhona E 13

Guilarte, Rhona E /s/ Rhona E Guilarte 9/27/2019

Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 13 of 17
 Notice Required by 11 U.S.C. § 342(b) for

Individuals Filing for Bankruptcy (Form 2010)

This notice is for you if:

You are an individual filing for bankruptcy,

and

Your debts are primarily consumer debts.

Consumer debts are defined in 11 U.S.C.

§ 101(8) as “incurred by an individual

primarily for a personal, family, or

household purpose.”

Chapter 7: Liquidation

$245 filing fee

$75 administrative fee

+ $15 trustee surcharge

$335 total fee

Chapter 7 is for individuals who have financial

difficulty preventing them from paying their debts

and who are willing to allow their nonexempt

property to be used to pay their creditors. The

primary purpose of filing under chapter 7 is to have

your debts discharged. The bankruptcy discharge

relieves you after bankruptcy from having to pay

many of your pre-bankruptcy debts. Exceptions

exist for particular debts, and liens on property may

still be enforced after discharge. For example, a

creditor may have the right to foreclose a home

mortgage or repossess an automobile.

However, if the court finds that you have committed

certain kinds of improper conduct described in the

Bankruptcy Code, the court may deny your

discharge.

You should know that even if you file chapter 7 and

you receive a discharge, some debts are not

discharged under the law. Therefore, you may still

be responsible to pay:

most taxes;

most student loans;

domestic support and property settlement

obligations;

The types of bankruptcy that are available to

individuals

Individuals who meet the qualifications may file under

one of four different chapters of Bankruptcy Code:

Chapter 7 - Liquidation

Chapter 11 - Reorganization

Chapter 12 - Voluntary repayment plan

for family farmers or

fishermen

Chapter 13 - Voluntary repayment plan

for individuals with regular

income

You should have an attorney review your

decision to file for bankruptcy and the choice of

chapter.

Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010) page 1

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Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 14 of 17
most fines, penalties, forfeitures, and criminal

restitution obligations; and

certain debts that are not listed in your bankruptcy

papers.

You may also be required to pay debts arising from:

fraud or theft;

fraud or defalcation while acting in breach of

fiduciary capacity;

intentional injuries that you inflicted; and

death or personal injury caused by operating a

motor vehicle, vessel, or aircraft while intoxicated

from alcohol or drugs.

If your debts are primarily consumer debts, the court

can dismiss your chapter 7 case if it finds that you

have enough income to repay creditors a certain

amount. You must file Chapter 7 Statement of Your

Current Monthly Income (Official Form 122A–1) if you

are an individual filing for bankruptcy under chapter 7.

This form will determine your current monthly income

and compare whether your income is more than the

median income that applies in your state.

If your income is not above the median for your state,

you will not have to complete the other chapter 7 form,

the Chapter 7 Means Test Calculation (Official Form

122A–2).

If your income is above the median for your state, you

must file a second form —the Chapter 7 Means Test

Calculation (Official Form 122A–2). The calculations

on the form— sometimes called the Means

Test—deduct from your income living expenses and

payments on certain debts to determine any amount

available to pay unsecured creditors. If

your income is more than the median income for your

state of residence and family size, depending on the

results of the Means Test, the U.S. trustee, bankruptcy

administrator, or creditors can file a motion to dismiss

your case under § 707(b) of the Bankruptcy Code. If a

motion is filed, the court will decide if your case should

be dismissed. To avoid dismissal, you may choose to

proceed under another chapter of the Bankruptcy

Code.

If you are an individual filing for chapter 7 bankruptcy,

the trustee may sell your property to pay your debts,

subject to your right to exempt the property or a portion

of the proceeds from the sale of the property. The

property, and the proceeds from property that your

bankruptcy trustee sells or liquidates that you are

entitled to, is called exempt property. Exemptions may

enable you to keep your home, a car, clothing, and

household items or to receive some of the proceeds if

the property is sold.

Exemptions are not automatic. To exempt property,

you must list it on Schedule C: The Property You Claim

as Exempt (Official Form 106C). If you do not list the

property, the trustee may sell it and pay all of the

proceeds to your creditors.

Chapter 11: Reorganization

$1,167 filing fee

+ $550 administrative fee

$1,717 total fee

Chapter 11 is often used for reorganizing a business,

but is also available to individuals. The provisions of

chapter 11 are too complicated to summarize briefly.

Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010) page 2

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Case 19-22974-PDR Doc 1 Filed 09/27/19 Page 15 of 17
Read These Important Warnings

Because bankruptcy can have serious long-term financial and legal consequences, including loss of

your property, you should hire an attorney and carefully consider all of your options before you file.

Only an attorney can give you legal advice about what can happen as a result of filing for bankruptcy

and what your options are. If you do file for bankruptcy, an attorney can help you fill out the forms

properly and protect you, your family, your home, and your possessions.

Although the law allows you to represent yourself in bankruptcy court, you should understand that

many people find it difficult to represent themselves successfully. The rules are technical, and a

mistake or inaction may harm you. If you file without an attorney, you are still responsible for knowing

and following all of the legal requirements.

You should not file for bankruptcy if you are not eligible to file or if you do not intend to file the

necessary documents.

Bankruptcy fraud is a serious crime; you could be fined and imprisoned if you commit fraud in your

bankruptcy case. Making a false statement, concealing property, or obtaining money or property by

fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up

to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Chapter 12: Repayment plan for family

farmers or fishermen

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, usually using your future earnings. If

the court approves your plan, the court will allow you

to repay your debts, as adjusted by the plan, within 3

years or 5 years, depending on your income and other

factors.

After you make all the payments under your plan,

many of your debts are discharged. The debts that

are not discharged and that you may still be

responsible to pay include:

domestic support obligations,

most student loans,

certain taxes,

debts for fraud or theft,

debts for fraud or defalcation while acting in a

fiduciary capacity,

most criminal fines and restitution obligations,

certain debts that are not listed in your

bankruptcy papers,

certain debts for acts that caused death or

personal injury, and

certain long-term secured debts.

$200 filing fee

+ $75 administrative fee

$275 total fee

Similar to chapter 13, chapter 12 permits family farmers

and fishermen to repay their debts over a period of time

using future earnings and to discharge some debts that

are not paid.

Chapter 13: Repayment plan for

individuals with regular

income

$235 filing fee

+ $75 administrative fee

$310 total fee

Chapter 13 is for individuals who have regular income

and would like to pay all or part of their debts in

installments over a period of time and to discharge

some debts that are not paid. You are eligible for

chapter 13 only if your debts are not more than certain

dollar amounts set forth in 11 U.S.C. § 109.

Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010) page 3

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Warning: File Your Forms on Time

A married couple may file a bankruptcy case

together—called a joint case. If you file a joint case

and each spouse lists the same mailing address on the

bankruptcy petition, the bankruptcy court generally will

mail you and your spouse one copy of each notice,

unless you file a statement with the court asking that

each spouse receive separate copies.

Understand which services you could receive from

credit counseling agencies

The law generally requires that you receive a credit

counseling briefing from an approved credit counseling

agency. 11 U.S.C. § 109(h). If you are filing a joint

case, both spouses must receive the briefing. With

limited exceptions, you must receive it within the 180

days before you file your bankruptcy petition. This

briefing is usually conducted by telephone or on the

Internet.

In addition, after filing a bankruptcy case, you

generally must complete a financial management

instructional course before you can receive a

discharge. If you are filing a joint case, both spouses

must complete the course.

You can obtain the list of agencies approved to provide

both the briefing and the instructional course from:

http://justice.gov/ust/eo/hapcpa/ccde/cc_approved.html

.

In Alabama and North Carolina, go to:

http://www.uscourts.gov/FederalCourts/Bankruptcy/

BankruptcyResources/ApprovedCredit

AndDebtCounselors.aspx.

If you do not have access to a computer, the clerk of

the bankruptcy court may be able to help you obtain

the list.

Section 521(a)(1) of the Bankruptcy Code requires that

you promptly file detailed information about your

creditors, assets, liabilities, income, expenses and

general financial condition. The court may dismiss your

bankruptcy case if you do not file this information

within the deadlines set by the Bankruptcy Code, the

Bankruptcy Rules, and the local rules of the court.

For more information about the documents and

their deadlines, go to:

http://www.uscourts.gov/bkforms/bankruptcy_form

s.html#procedure.

Bankruptcy crimes have serious consequences

If you knowingly and fraudulently conceal assets

or make a false oath or statement under penalty

of perjury—either orally or in writing—in

connection with a bankruptcy case, you may be

fined, imprisoned, or both.

All information you supply in connection with a

bankruptcy case is subject to examination by the

Attorney General acting through the Office of the

U.S. Trustee, the Office of the U.S. Attorney, and

other offices and employees of the U.S.

Department of Justice.

Make sure the court has your mailing address

The bankruptcy court sends notices to the mailing

address you list on Voluntary Petition for Individuals

Filing for Bankruptcy (Official Form 101). To ensure

that you receive information about your case,

Bankruptcy Rule 4002 requires that you notify the court

of any changes in your address.

Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010) page 4

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