U.S. Bankruptcy Court
Middle District of Alabama

Noticing

Presumption of Abuse
Presumption at Filing
Within 10 days of the filing of the petition, the clerk must give written notice – to all creditors in an individual debtor’s Ch. 7 case – that the presumption of abuse under section 707(b) has arisen.
Section Form Flowchart ECF Event Deadlines Flags
342(d) § 341 Notice
 (if means test form (B22A) filed with petition)
 		 Means Test     MEANSNO or
MEANSYES
  Deficiency Notice
(if means test form (B22A) not filed with petition)
 		   Bankruptcy>Court Events>Clerks Notice of Deficiency metest7
(15 days)

 MEANSU and
DEFICIENCY
  Notice of Statement of Presumption of Abuse
(if Ch. 7 means test form (B22A) is filed after petition date with "Presumption Arises" box checked
 		   Bankruptcy>Court Events>Clerks Notice of Presumed Abuse satisifies metest7 MEANSYES
 

Notice of Dismissal
(if Ch. 7 means test form (B22A) is not filed within 15 days)

  

Bankruptcy>Court Events>Clerk's Notice of Dismissal

 20 Days  
Presumption After § 341 Hearing
(1)  Not later than 10 days after the date of the first meeting of creditors, the US Trustee/Bankruptcy Administrator – after a review of all materials filed by an individual debtor in a Ch. 7 case – must file with the court a statement as to whether the debtor’s Ch. 7 case would be presumed to be an abuse under § 707(b).  If there is a presumption of abuse, the Bankruptcy Administrator must file a Motion to Convert or Dismiss under 707(b) or a statement setting forth the reasons the Bankruptcy Administrator does not consider such a motion to be appropriate.

(2)  The clerk – not later than 5 days after receiving the BA/UST’s statement – must provide a copy of the statement to all creditors.
Section Flowchart Form / ECF Event Deadlines Flags
704(b)(1)(B) Means Test Trustee/BA>BA Statement of Presumed Abuse
Clerk must notice 5 days after statement is filed - BA's statement should trigger the notice
 		 30-day BA707 deadline 707(b)-prevents auto discharge
MEANSYES
BNCQ
Trustee/BA>BA Statement of No Determination of Presumed Abuse
 		 MEANSU
    Trustee/BA>BA Statement of Change of Presumed Abuse
 		   MEANSNO
    Trustee/BA>BA Statement Declining Dismissal/Conversion Under 704(b)(2)
 		 Term 30-day BA707 deadline Remove 707(b)

Exemption from Means Test
§102(D)(i)(iii) prohibits the court from dismissing or converting a case based on any form of means testing, if the debtor is a disabled veteran and the indebtedness occurred primarily during a period during which he or she was:
  (1) on active duty or
  (2) performing a homeland defense activity.

Section Form ECF Event Deadlines Flags
BAPCPA
707(b)(2)(D)		 bk>motion>Motion for Exemption from Means Test  
bk>order>Order on Motion for Exemption from Means Test If granted, changes Means Test Flag to MEANSNO and removes 707(b) flag 

Debtor's Rebuttal of Means Test
The presumption of abuse may only be rebutted by demonstrating special circumstances, such as a serious medical condition or a call or order to active duty in the Armed Forces 
Section
 Form
 ECF Event
 Deadlines
 Flags
707(b)(2)(B)(i) bk>misc>Debtor's Rebuttal of Presumption of Abuse

 

Creditor Address
Notice of Address to Be Used in a Specific Case
Where, in an individual debtor’s Ch. 7 or 13 case, a creditor has filed with the court and served on the debtor a notice of address to be used to provide notice in that case, both the court and the debtor must use that address for providing notice required no later than 5 days after receipt of creditor’s notice of address.
Section Form
 ECF Event Deadlines/Functionalities
 		Flags/Other
342(e) bk>notice>Notice of Override of Preferred Address
(Creditor's exception address for this case only)
 5 day Preferred Creditor Address Update deadline- precreadd 
(CA to make sure address has been updated)

 CredAdd (reminder to add new record to creditor matrix)

Ovrride 
SetAddrFlag  functionality - lets the BNC know to override preferred address on their file for this case BNC Certificate of Service for activity with this credit will indicate +++  next to creditor's redirected address
Notice of Address to Be Used in All Cases
(1)  An entity may file with any bankruptcy court a notice of address to be used by all bankruptcy courts or by particular bankruptcy courts in all pending Ch. 7 and 13 cases where that entity is a creditor.

(2)  The court must use that address in all pending Ch. 7 and 13 cases (where the entity is a creditor) for providing notice required no later than 30 days after the entity’s filing of the notice of address, unless the entity has filed a notice of address for a particular case (or cases) under § 342(e) [discussed above].

(3)  A notice filed under paragraph (1) may be withdrawn by such entity.
Section
342(f)		 Form
 		 ECF Event
 Deadlines
 Flags
Creditors must register with BNC for National Creditor Registration.  Website for registering is currently under construction. BNC Certificate of Service for activity with this creditor shows ++ next to creditors' preferred address
Notice of Address of Organizational Subdivision
(1)  If a creditor designates a person or organizational subdivision of that creditor to be responsible for receiving notices and establishes reasonable procedures for the delivery of notices to that person or subdivision, a notice provided to that creditor but not sent in accordance with § 342 shall not be considered as having been brought to that creditor’s attention until such notice is received by that person or subdivision.

(2)  A monetary penalty may not be imposed on a creditor for violation of a stay in effect under 362(a) (including a monetary penalty imposed under section 362(k)) or for failure to comply with section 542 or 543 unless the violation occurs after the creditor receives notice under this section of the order for relief.
Section
342(g)		 Form
 		 Flowchart ECF Event
 Deadlines
 Flags
 

Notice of Misstatement
The US Trustee/Bankruptcy Administrator must engage the services of an auditor to audit designated cases; the report of each audit will be filed with the court and sent to the US Trustee/Bankruptcy Administrator.  Where an audit reveals a material misstatement of a debtor’s income, expenditures or assets, the clerk must give notice of the misstatement to the creditors in that case. NOTE: This provision takes effect 18 months after the date of enactment (approx. mid-October 2006).
Section
 28 USC § 586(f)(2)(A)		 Form ECF Event
bk>misc> Auditor Report
 Deadlines
 Flags

to be provided later
trustee>Notice of Misstatement of Income

Notice to Landlord and Debtor
Clerk’s notice to both landlord and debtor under § 362(l) and (m): see Automatic stay provisions where subsections (l) and (m) are discussed separately.