Through Standing Order No. 07-04, the bankruptcy judges for the Northern District of Iowa are requiring that a Certified Motion for Discharge (Form IANB1328) be filed by any debtor seeking entry of a discharge under 11 U.S.C. § 1328(a) in a case filed on or after April 20, 2005. The form and Administrative Procedures as adopted by Standing Order 07-04 will permit full compliance with the requirements effectuated by the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA). Standing Order no. 07-04 is effective immediately and supersedes Standing Order No. 16 (dated 11/21/05).
On April 1, 2007, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision of Title 28 of the United States Code will become effective. These amended dollar amounts will apply to cases filed on or after April 1, 2007. See the attached Letter from the Clerk for complete details.
Pursuant to Standing Order No. 07-01, all reaffirmation agreements filed in cases initiated on or after October 17, 2005 shall be prepared and submitted for filing using Director's Form B-240. The court will maintain a link to the most current version of this form through the Forms link on this website. Standing Order No. 07-01 and Director's Form B-240 are attached.
11 USC § 524 now modifies debt reaffirmation guidelines to mandate specified detailed disclosures and explanations to the debtor for dischargeable debt agreements. Pursuant to IANB Standing Order No. 12 and its Exhibit #1 (As amended by Standing Order No. 20),the following form and procedural requirements apply to all Reaffirmation Agreements filed in cases commenced on or after October 17, 2005:
To ensure compliance with 11 U.S.C. § 1328 (a), the Court has revised its local Form IANB 1328 (Debtor's Certified Motion for Entry of Discharge Order and Notice of Deadline to Object), to allow the debtor to certify that he/she has completed all payments under the plan. The revisions to Form IANB 1328 (Exhibit #1 to Standing Order 07-04) are effective immediately. Form IANB 1328 is attached.
As part of the Department of Justice's efforts to combat bankruptcy fraud and abuse, and to protect the integrity of the bankruptcy system, the Executive Office of the United States Trustees has launched an Internet hotline which will allow the public to report suspected instances of bankruptcy fraud. Instructions for filing a report of suspected bankruptcy fraud are provided by the United States Trustees Program at http://www.usdoj.gov/ust/eo/fraud/index.htm.