Clerk's Guidance re: Tax Information

To supplement the Director's Guidance re: Tax Information, the Clerk has developed local guidance and procedures for: * Electronically filing tax information with the court (when requested); * Requesting Access to tax information that has been filed with the court; and * Gaining Access to tax information once access has been granted. To access the Clerk's Guidance re: Tax Information, see attachment.

Certification Re: Homestead Exemptions

Through Standing Order No. 16, the Court has provided a procedure and required form for the certification required under 11 U.S.C. § 522. Pursuant to this Standing Order, debtors wishing to elect to exempt property under State or local law, pursuant to 11 U.S.C. §522(b)(3)(A), and to exempt interest in property described in subparagraphs (A), (B), (C), and (D) of subsection 11 U.S.C. §522(p)(1) which exceeds in the aggregate $125,000, shall prepare and submit for filing a Certification Re: 11 U.S.C. § 522, utilizing the standardized IANB Procedural Form 522 (Form IANB522).

New Docket Events Available to Attorneys

BAPCPA 2005 necessitated a major overhaul of the CM/ECF system. As a result, the latest version of the ECF system (v. 2.7) includes a large number of new docket events available to attorneys. The Clerk's Office has prepared a New Events List to assist the bankruptcy community in navigating this updated system.

IFP Applications - Poverty Guidelines

Pursuant to 28 U.S.C. § 1930(f), the court may waive the filing fee in the case of an individual chapter 7 debtor whose income is less than 150 percent of the national poverty line. Two tables reflecting 150 percent of the Department of Health and Human Service's poverty guidelines are posted for the public and courts' use at The US Courts Bankruptcy Information Center.

Credit Counseling

The U.S. Trustee's listing of Approved Credit Counseling Agencies for the Northern District of Iowa is here. The Credit Counseling requirement under 11 USC § 109 must be met prior to filing the petition (unless petition is accompanied by a motion for extension for exigent circumstances or a declaration/certification of waiver). The debtor certification is included on the revised petition form, but the certificate of completion will be treated as a completely separate docket event.

Motions to Dismiss -- Failure to Provide Requested Tax Information

Through Standing Order No. 14, the Court has provided a procedure for case dismissals re: Failure to Provide Requested Federal Tax Returns under 11 U.S.C. § 521. Under this procedure, a Motion to Dismiss filed by the case trustee, not earlier than 6 days prior to the first date set for the meeting of creditors, shall be granted by order of the court without further notice and hearing, unless there is a Motion for Exception from Dismissal timely filed by the debtor.

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