It’s 2018 – Let’s Get Back to Work!

January 8, 2018

Happy New Year from StarrParalegals! We hope everyone had an enjoyable holiday season.

Yes, we’re a week into 2018 –  time to clear all that drudge work off your desk and get crackin’.

StarrParalegals is ready for new challenges. Bring it on!

  • E-filing, anywhere and everywhere
  • Bankruptcy Petition Preparation – from intake to filing – ALL chapters
  • Bankruptcy Motion Support (draft, file, serve)
    • Motions for Relief
    • Proofs of Claim
    • Notices of 4001 Examination
    • Proposed Orders
    • Fee Applications
    • and more . . .
  • Adversary Proceedings & Preference Actions (draft, file, serve)
    • Complaints/Answers
    • Case Management
  • UCC Filing, Search & Retrieval, Summarize Priority/Status
  • Litigation Support
    • Draft Pleadings
    • Document Review
    • Deposition Summaries
    • Prepare & Serve Subpoenas
    • Discovery Requests/Responses
    • Legal Research / Memoranda
  • Immigration Support

StarrParalegals is here to make your billable hour worth every penny. Tell us what you NEED. We’re quick studies and welcome the opportunity to increase our skill sets. If we can’t help you, we’ll refer you to someone that can.

Here’s to 2018 – a year of abundance and success for everyone!

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(Some) Bankruptcy Rules, Forms & Fees, They are a Changin’

December 1, 2016

When you’ve been doing this as long as I have (no age jokes, thank you very kindly), then you know year-end changes and effective dates are inevitable – 

EFFECTIVE TODAY – December 1, 2016
exclamation pointNew Bankruptcy Rules, Fees, & Forms

The Powers-on-High have blessed the implementation of new bankruptcy rules, fees, & forms.

What does this mean for you? Well, there’s a chance the documents you prepared yesterday, but haven’t filed yet, may need to be updated before you file.

Here’s the scoop: 10 amended bankruptcy rules, a new Rule 1012, a slew of bankruptcy fee increases, and 3 new forms.

Amended Bankruptcy Rules:

  • 1010. Service of Involuntary Petition and Summons
  • 1011. Responsive Pleading or Motion in Involuntary
  • 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
  • 3002.1. Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence

Amended to clarify when secured creditors must file a Payment Change Notice (“PCN”) in a Chapter 13 on all claims secured by the debtor’s primary residence for which the debtor or Chapter 13 Trustee is making post-petition payments during the bankruptcy and that the PCN requirement ceases once the creditor obtains relief from stay, unless otherwise ordered by the court.

  • 7008. General Rules of Pleading
  • 7012. Defenses and Objections – When and How Presented – By Pleading or Motion – Motion for Judgment on the Pleadings
  • 7016. Pre-trial Procedures
  • 9006. Computing and Extending Time: Time for Motion Papers

Revised three-day rule – No extension of time when service is made electronically.  (See also revised Bankruptcy Rule 9006(f), Appellant Rule 26(c), and Civil Rule 6(d))

(f) ADDITIONAL TIME AFTER SERVICE BY MAIL OR UNDER RULE 5(b)(2)(D), (E), OR (F) F.R.CIV.P.  When there is a right or requirement to act or undertake some proceedings within a prescribed period after service being served and that service is by mail or under Rule 5(b)(2)(D) (leaving with the clerk), (E), or (F) (other means consented to) F.R.Civ.P., three days are added after the prescribed period would otherwise expire under Rule 9006(a).

  • 9027. Removal
  • 9033. Proposed Findings of Fact and Conclusions of Law

New Bankruptcy Rule:

  • 1012. Responsive Pleading in Cross-Border Cases

Filing Fees:

New Petitions:
Chapter 7 $335.00
Chapter 9 $1,717.00
Chapter 11 $1,717.00
Chapter 12 (Family Farmer) $275.00
Chapter 13 $310.00
Chapter 15 $1,717.00
Case Reopening:2
Chapter 7 $260.00
Chapter 9 $1,167.00
Chapter 11 $1,167.00
Chapter 12 $200.00
Chapter 13 $235.00
Chapter 15 $1,167.00
Case Conversions:
Chapter 7 to Chapter 13 None
Chapter 7 to Chapter 11 $922.00
Chapter 11 to Chapter 7 $15.00
Chapter 12 to Chapter 7 $60.00
Chapter 13 to Chapter 11 $932.00
Chapter 13 to Chapter 7 $25.00
Amendments:
Schedules D or E/F $31.00
Master Mailing List (exceptions listed in “Miscellaneous Fee Schedule”) $31.00
Motion to:
Compel Abandonment of Property $181.00
Terminate, Annul, Modify, or Condition of the Automatic Stay $181.00
Withdraw Reference $181.00
Sell Property of the Estate Free & Clear of Liens under 11 U.S.C. §363(f) $181.00
Redact previously filed documents in a bankruptcy case $25.00
Other:
Abstract of Judgment $9.00
Appeal* $298.00
Certification $11.00
Claims Transfer $25.00
Complaint (Adversary Proceeding) $350.00
Cross-Appeal* $298.00
Exemplification $22.00
Filing or Indexing of Miscellaneous Paper $47.00
Issuance of Out of District Subpoena $46.00
Photocopies Made by Court Personnel (per page) $0.50
Printed Copies from Courthouse Public Terminal (per page) $0.10
Registration of Judgment from Another District $46.00
Reproduction of Audio Recording (regardless of the medium) $31.00
Retrieval of Records from NARA (first box) $64.00
Retrieval Involving Multiple Boxes of NARA Records (each additional box) $39.00
Retrieval of Records from NARA via Smart Scan plus .65 per page $19.95
Returned Fee Charge (e.g., insufficient funds, disputed charges) $53.00
Search of Court Records (each name/item searched) $31.00
1 Issued in accordance with 28 U.S.C. § 1930(b) and FRBP 1006.
2 The Court collects the fee unless a party files a complaint to obtain a determination under Rule 4007(b); or when a debtor files a motion to reopen a case based on alleged violation of the terms of the discharge under 11 U.S.C. § 524; or whether the reopening is to correct an administrative error.
* If the Court of Appeals authorizes a direct appeal, or direct cross appeal, an additional fee of $207.00 will be collected by the bankruptcy clerk.

Miscellaneous Fees:

Motion to terminate, annul, modify or condition the automatic stay $181.00
Motion to compel the abandonment of property of the estate $181.00
Motion to withdraw the reference of a cases or proceeding $181.00
Motion to sell property of the estate free and clear of liens under 11 U.S.C. § 362(f) $181.00
Exemplification of any document $22.00
Reproduction of an audio recording of a court proceeding $31.00
Amending debtor’s schedule of creditors, list of creditors, or mailing list $31.00
Conducting a search of the bankruptcy court records $31.00
Filing any document that is not related to a pending case or proceeding $47.00

Official Forms

Amended to conform  with the Forms Modernization Project and to change the phrase “mail” to “send”.

Part 1 Instructions amended for clarification, adding the following language:“If the court has previously approved an amount, indicate that approval in parentheses after the date the amount was incurred.”

Don’t forget to check your local rules and forms for changes!

Happy filing 🙂

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It’s Still Stealing – Another Copyright Violation

December 4, 2014

I am gobsmacked.

I am NOT flattered. In fact, I’m angry.

A non-paralegal is using my mission statement AND calling herself a CBA to market her virtual bankruptcy assistant business.

To quote @MianneBesser: “That’s pretty unbelievable and downright unethical.  Definitely one of those things that makes you wonder what these people are thinking.”

I know from experience that it is hard to come up with the right words to describe your business; however, it can be done WITHOUT ripping off someone else’s work. When I was developing my website, I went to a lot of other virtual service providers’ websites for ideas. I somehow managed to write unique content that reflected my personality.

Not only is she using:

Our services appeal to attorneys that are operating in a downsizing market, while trying to decrease their overhead, and increase the value of their billable dollar.

She has the chutzpah to use my mission statement on her LinkedIn profile:

Our mission is to provide results that surpass expectations through our dedication to our clients; adding maximum value to their businesses by handling complex bankruptcy matters; being professional, accessible, efficient, and technologically sophisticated; providing a green alternative to the traditional office paradigm; and providing the opportunity for our employees to pursue their religious, family, and community obligations and interests.

She, quite literally, cut and pasted that content from MY LinkedIn profile. Content that I have been using on MY website and profile since I conceived StarrParalegals in JULY 2008.

AND … she’s using the designation “CBA” without authorization.

Certified Bankruptcy Assistants (CBA) Program was developed, and is administered by, the Association of Bankruptcy Judicial Assistants (ABJA); a national organization formed by judicial assistants/secretaries to United States Bankruptcy Judges. The program is supported by the National Conference of Bankruptcy Judges (NCBJ) and the American Bankruptcy Institute (ABI).

One becomes a CBA by taking a certification exam that covers the U.S. Bankruptcy Code, Legal Research, Grammar/Usage/Writing (I keep telling you this stuff is important!), and Ethics.

I took that exam in 2006 and earned the right to use CBA in my signature line. I do not take kindly to others using the designation without the appropriate authority. I paid my dues – figuratively and literally. If she wants to be a CBA, then she can take the the exam.

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New Month, New Bankruptcy Forms

December 1, 2014

It’s December 1st, it must be the roll out date for the new bankruptcy forms.

Yes folks, it’s time to update your form files. TODAY is the day.

newformsEffective December 1, 2014, the following forms need to be substituted into your bankruptcy petition packet:

  • Official Form 3A (Application for Individuals to Pay the Filing Fee in Installments) and
  • Official Form 3B (Application to Have the Chapter 7 Filing Fee Waived)
    • revised to remove references to fee amounts
  • Official Form B6Sum (Summary) 
    • revised to update line number cross references to the revised means test forms
    • (See Official Forms 22A-1, 22A-1 Supp, 22A-2, 22B, 22C-1 and 22C-2).
  • Official Form 17A (Notice of Appeal and Statement of Election)
  • Official Form 17B (Optional Appellee Statement of Election to Proceed in District Court)
  • Official Form 17C (Certificate of Compliance with Rule 8015(a)(7)(B) or 8016(d)(2))

Revised Means Test Forms

  • Official Form 22A-1 (Chapter 7 Statement of Your Current Monthly Income),
  • Official Form 22A-1 Supp (Statement of Exemption from Presumption of Abuse Under §707(b)(2)),
  • Official Form 22A-2 (Chapter 7 Means Test Calculation),
  • Official Form 22B (Chapter 11 Statement of Your Current Monthly Income),
  • Official Form 22C-1 (Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period) and
  • Official Form 22C-2 (Chapter 13 Calculation of Your Disposable Income
    • revised accommodate changes in the law as a result of Supreme Court precedent, and
    • as part of the Bankruptcy Rules Advisory Committee’s ongoing Forms Modernization Project.

Just in case your petition software provider hasn’t pushed the update yet, save yourself the headache and keep links to the revised forms handy. Trust me, there are few things as upsetting as receiving a deficiency notice from the clerk with a 72 hour deadline to file the correct forms.

 

 

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