Bankruptcy Forms

MOTION FOR 2004 EXAMINATION - Bankruptcy  Rule 2004 allows examination of the Debtor and of third-parties  concerning many general aspects and financial dealings of the  Debtor. While similar to a deposition, the scope of such examination  is much broader and the Rule authorizes production of documents.

MOTION FOR RELIEF FROM AUTOMATIC STAY  - Section 362 imposes an automatic stay on actions against or  involving the Debtor. Under limited circumstances, relief from  that automatic stay may be granted. This Form is directed toward  seeking an ability to continue to prosecute an existing cause  of action against the Debtor. Grounds for relief, however, certainly  are not limited to this situation and a similar motion may be  utilized to cover property not protected by the Debtor, seeking  adequate protection of that asset and related relief. See, 11  U.S.C. Section 362(b). Note should be taken that this Motion  must be ruled upon within 30 days unless the Court has continued  the hearing, all of which is standard procedure in this District.

APPLICATION FOR INTERIM COMPENSATION  - Fees of professionals may be allowed to be paid on a periodic  basis. Section 331 of the Bankruptcy Code describes when such  interim compensation may be recoverable and the provided form  attempts to set forth criteria which must be presented to the  Court to justify compensation. Even though an original fee agreement  may have been tentatively approved by a Court, each fee application  also must be allowed before the Debtor/Trustee is authorized  to make payment. Further, a request for compensation typically  should be included with a request that compensation not only  be allowed, but also that the Trustee/Debtor be directed to pay  such sum as is allowed. The Bankruptcy Administrator's Office  must review each application in addition to a review by the Court.

CONTEST OF CLAIMS - This Contest  of Claims could be filed either by the Trustee or the Debtor. Generally, other parties-in-interest must seek  leave of court to file a contest of some other creditor's claims.  This does not include efforts to equitably subordinate claims.

MOTION FOR APPROVAL OR ASSUMPTION OF  EXECUTORY CONTRACT - Section 365 of the Bankruptcy Code identifies that executory  contracts and/or unexpired leases of the Debtor may be assumed  or rejected. Certain restrictions on the ability to assume a  contract are expressed and adequate assurance of future performance  may be required. Section 365(d) identifies certain instances  involving the assumption or rejection of specific types of agreements,  as well as certain limitations and the effect of delay in exercising  these rights.

DEBTOR'S MOTION FOR AUTHORITY TO SELL  PROPERTY OF THE ESTATE BY PRIVATE SALE FREE AND CLEAR OF LIENS  AND OTHER INTERESTS - Note: This form is for private sale only, may be varied when  the sale is by auction, closed bids, etc. In such case, it should  be stated whether the sale is with or without reserve, and care  must be taken to show that the proposed sale is authorized by  at least one of the 5 grounds set out in Section 363(f). Use  for Trustee's sale also.

APPLICATION FOR APPROVAL OF EMPLOYMENT  OF PROFESSIONAL PERSON - Before a professional person may be paid through the Estate,  the Court must approve that employment. This Form is directed  toward employment of an attorney, though it can be utilized for  other professional persons. Also, it may be modified slightly  to seek authorization as "special" counsel or employment  pursuant to 11 U.S.C. Section 327(e) as circumstances may dictate.  Reference should be made not only to Section 327, but also Sections  328-331 of the Bankruptcy Code and attention is directed to definition  of the term "disinterestedness" as that may limit employment  of such professionals. Each Court may permit slightly different  circumstances controlling payment of interim compensation. Paragraph  8 is provided to suggest possibilities to cover contemplated  long-standing employment relationships wherein periodic compensation  may be required.

MOTION FOR REFERENCE TO THE UNITED STATES  BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA - Upon removal to the District Court, or actions that are already  pending in the District Court, it may be appropriate that proceedings  involving the Debtor be referred to the Bankruptcy Court. Reference  to the jurisdictional descriptions within 28 U.S.C. Section 157  is suggested so the Practitioner may identify whether the proceeding  contemplated to be referred is considered "core" in  nature or "related to" or "arising in" the  Title 11 proceeding. Virtually every District has entered an  Order of Automatic Referral for most matters involving the Debtor.
NOTICE OF REMOVAL - Like many actions involving federal jurisdiction,  actions involving a Debtor may be removed to the Bankruptcy Court.  The first step in this process is to remove the proceeding to  the United States District Court, as this form suggests. The  second step would be to ask that Court to refer the matter to  the Bankruptcy Court. Some other jurisdictions permit a direct  removal to the Bankruptcy Court.

MOTION TO APPOINT TRUSTEE OR, IN THE  ALTERNATIVE, TO ALLOW CREDITOR TO PURSUE CAUSE OF ACTION - The Bankruptcy Code limits those instances in which a Trustee  may be appointed in a Chapter 11 proceeding. The form attempts  to set forth instances in which such appointment would be appropriate.  The form is specifically directed to an instance in which the  Debtor is a corporation and may have cause(s) of action against  its principal or family members of such insiders.

MOTION TO WITHDRAW REFERENCE -  The Bankruptcy Code authorizes the withdrawal of the reference  of certain proceedings from the Bankruptcy Court to the District  Court for that area. Proceedings, contested matters, and even  the Case may, under certain circumstances, be withdrawn to the  District Court. The Motion is filed in the District Court for  that Judge to direct the Bankruptcy Court to withdraw the reference.  Withdrawal may be considered mandatory or permissive, dependent  upon the circumstances.