Official Form 309I "Notice of Chapter 13 Bankruptcy Case"

What Is Official Form 309I?

This is a legal form that was released by the United States Bankruptcy Court on October 1, 2020 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2020;
  • The latest available edition released by the United States Bankruptcy Court;
  • Easy to use and ready to print;
  • Yours to fill out and keep for your records;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Official Form 309I by clicking the link below or browse more documents and templates provided by the United States Bankruptcy Court.

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Download Official Form 309I "Notice of Chapter 13 Bankruptcy Case"

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Information to identify the case:
Debtor 1
__________________________________________________________________
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
First Name
Middle Name
Last Name
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
Debtor 2
________________________________________________________________
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
(Spouse, if filing)
First Name
Middle Name
Last Name
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
______________________
_________
United States Bankruptcy Court for the:
District of
[Date case filed for chapter 13
(State)
______________
MM / DD / YYYY OR
_______________________________________
Case number:
Date case filed in chapter _____
[
______________
MM / DD / YYYY
Date case converted to chapter 13
______________]
MM / DD / YYYY
Official Form 309I
Notice of Chapter 13 Bankruptcy Case
10/20
For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtors, the debtors’ property, and certain codebtors. For example, while the stay is in effect, creditors cannot sue,
garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from
debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a
stay.
Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under
11 U.S.C. § 1328(f) must file a motion objecting to discharge in the bankruptcy clerk’s office within the deadline specified in this notice.
Creditors who want to have their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office by the same
deadline. (See line 13 below for more information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at https://pacer.uscourts.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which
may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.
Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social
Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.
About Debtor 1:
About Debtor 2:
Debtor’s full name
1.
All other names used in the
2.
last 8 years
Address
If Debtor 2 lives at a different address:
3.
Debtor’s attorney
4.
Contact phone
______________________________
Name and address
Email
______________________________
Contact phone
______________________________
Bankruptcy trustee
5.
Email
______________________________
Name and address
Bankruptcy clerk’s office
6.
Hours open
_______________________________
Documents in this case may be
filed at this address. You may
inspect all records filed in this
Contact phone
_______________________________
case at this office or online at
https://pacer.uscourts.gov
.
For more information, see page 2
Notice of Chapter 13 Bankruptcy Case
page 1
Official Form 309I
Information to identify the case:
Debtor 1
__________________________________________________________________
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
First Name
Middle Name
Last Name
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
Debtor 2
________________________________________________________________
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
(Spouse, if filing)
First Name
Middle Name
Last Name
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
______________________
_________
United States Bankruptcy Court for the:
District of
[Date case filed for chapter 13
(State)
______________
MM / DD / YYYY OR
_______________________________________
Case number:
Date case filed in chapter _____
[
______________
MM / DD / YYYY
Date case converted to chapter 13
______________]
MM / DD / YYYY
Official Form 309I
Notice of Chapter 13 Bankruptcy Case
10/20
For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtors, the debtors’ property, and certain codebtors. For example, while the stay is in effect, creditors cannot sue,
garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from
debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a
stay.
Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under
11 U.S.C. § 1328(f) must file a motion objecting to discharge in the bankruptcy clerk’s office within the deadline specified in this notice.
Creditors who want to have their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office by the same
deadline. (See line 13 below for more information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at https://pacer.uscourts.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which
may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.
Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social
Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.
About Debtor 1:
About Debtor 2:
Debtor’s full name
1.
All other names used in the
2.
last 8 years
Address
If Debtor 2 lives at a different address:
3.
Debtor’s attorney
4.
Contact phone
______________________________
Name and address
Email
______________________________
Contact phone
______________________________
Bankruptcy trustee
5.
Email
______________________________
Name and address
Bankruptcy clerk’s office
6.
Hours open
_______________________________
Documents in this case may be
filed at this address. You may
inspect all records filed in this
Contact phone
_______________________________
case at this office or online at
https://pacer.uscourts.gov
.
For more information, see page 2
Notice of Chapter 13 Bankruptcy Case
page 1
Official Form 309I
Debtor
_______________________________________________________
Case number
_____________________________________
(if known)
Name
Meeting of creditors
7.
_______________ at
___________
Location:
Debtors must attend the meeting
Date
Time
to be questioned under oath. In
a joint case, both spouses must
attend.
The meeting may be continued or adjourned to a later date. If
so, the date will be on the court docket.
Creditors may attend, but are not
required to do so.
Deadlines
Deadline to file a complaint to challenge
Filing deadline
_______________
:
8.
dischargeability of certain debts:
The bankruptcy clerk’s office
must receive these documents
You must file:
and any required filing fee by the
a motion if you assert that the debtors are not entitled to
following deadlines.
receive a discharge under U.S.C. § 1328(f), or
a complaint if you want to have a particular debt excepted
from discharge under 11 U.S.C. § 523(a)(2) or (4).
Deadline for all creditors to file a proof of claim
Filing deadline: __________________
(except governmental units):
Deadline for governmental units to file a proof of
Filing deadline: __________________
claim:
Deadlines for filing proof of claim:
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at
www.uscourts.gov
or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might
not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules
that the debtor filed.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim.
Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a
lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important
nonmonetary rights, including the right to a jury trial.
Deadline to object to exemptions:
Filing deadline:
30 days after the
conclusion of the meeting
The law permits debtors to keep certain property as exempt. If
of creditors
you believe that the law does not authorize an exemption
claimed, you may file an objection.
Filing of plan
[
The debtor has filed a plan, which is attached. The hearing on confirmation will be held on: ______________ at
9.
___________
Location:__________________________________
]
Date
Time
Or [The debtor has filed a plan. The plan and notice of confirmation hearing will be sent separately.]
Or [The debtor has not filed a plan as of this date. A copy of the plan and a notice of the hearing on confirmation
will be sent separately.]
If you are a creditor receiving a notice mailed to a foreign address, you may file a motion asking the court to
Creditors with a foreign
10.
extend the deadline in this notice. Consult an attorney familiar with United States bankruptcy law if you have any
address
questions about your rights in this case.
Filing a chapter 13
Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts
11.
bankruptcy case
according to a plan. A plan is not effective unless the court confirms it. You may object to confirmation of the
plan and appear at the confirmation hearing. A copy of the plan [is included with this notice] or [will be sent to
you later], and [the confirmation hearing will be held on the date shown in line 9 of this notice] or [the court will
send you a notice of the confirmation hearing]. The debtor will remain in possession of the property and may
continue to operate the business, if any, unless the court orders otherwise.
The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed
Exempt property
12.
to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt. You
may inspect that list at the bankruptcy clerk’s office or online at https://pacer.uscourts.gov. If you believe that the
law does not authorize an exemption that debtors claimed, you may file an objection by the deadline.
Confirmation of a chapter 13 plan may result in a discharge of debts, which may include all or part of a debt.
Discharge of debts
13.
However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan
are made. A discharge means that creditors may never try to collect the debt from the debtors personally except
as provided in the plan. If you want to have a particular debt excepted from discharge under
11 U.S.C. § 523(a)(2) or (4), you must file a complaint and pay the filing fee in the bankruptcy clerk’s office by
the deadline. If you believe that the debtors are not entitled to a discharge of any of their debts under 11 U.S.C.
§ 1328(f), you must file a motion by the deadline.
Official Form 309I
Notice of Chapter 13 Bankruptcy Case
page 2
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