COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.-JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANAIN RE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CASE NO.DEBTOR(S)THE PEOPLE OF THE STATE OF NEW YORK TOATTORNEY DECLARATIONI,(attorney's name), am an attorney admitted to practice before this Court and have been retained as attorney for the debtor(s) in this bankruptcy case.GREETINGS:I have generally advised the debtor(s) about (I) the scope and effect of the discharge; (ii) the option of reaffirming debts under 11 U.S.C. § 524, and the statutory requirements and consequences of reaffirmation; (iii) the option of redemption of property under 11 U.S.C. § 722; (iv) the possible options to avoid liens under 11 U.S.C. § 522; (v) the definition of "property of the estate," the debtor's obligation to provide full and accurate disclosure of information, and the requirement that the debtor turn over all property of the estate, except that specifically exempted, to the trustee; and (vi) the possible consequences of failure to provide full and accurate disclosure of property and debts, and the failure to turn over to the trustee property which could be property of the estate, such as revocation of discharge, interest and other charges by the trustee, and criminal prosecution. I have specifically reviewed with the debtor(s), by reading to the debtor(s) when it was thought necessary, the content of this declaration. The discharge in bankruptcy is intended to relieve honest but unfortunate debtors from oppressive debt and to provide them with a financial fresh start. The document which notifies the debtor of the discharge is a court order entitled "Discharge of Debtor." It is mailed to the debtor and creditors by the bankruptcy court. The discharge in bankruptcy releases a debtor from any further personal liability for any debt owed to a creditor listed in the schedules filed with the court, unless the debt is a nondischargeable debt or is a debt, after timely complaint and upon final judgment, excepted from discharge. I have advised the debtor(s) as to the types of debts which are not discharged by the Order of discharge (such as many tax obligations, debts in the nature of alimony, maintenance and support, government-guaranteed student loans, debts not properly listed or scheduled, etc.) and the types of debts which may be excepted from discharge (fraud, willful and malicious injury, fraud or defalcation while acting in a fiduciary capacity, certain community property obligations, etc.). Though nothing prevents a debtor from voluntarily repaying a discharged debt,WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.reditors can take no action to encourage or require a debtor to repay a discharged debt. They cannot personally contact a debtor at home or at work; they cannot send demand letters to a debtor; they cannot file suits against a debtor; they cannot obtain judgments against a debtor; they cannot execute on property of a debtor unless the creditor holds a valid security interest in the property and, in conformity with state law and the Bankruptcy Code, is entitled to execute upon the property; they cannot garnish a debtor's wages or take any action which harasses a debtor for having filed bankruptcy or which attempts to require repayment of any debt that has been discharged.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .THE PEOPLE OF THE STATE OF NEW YORK TOGREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomIf a creditor engages in any conduct aimed at encouraging or forcing repayment of a discharged debt, the debtor should contact his or her attorney immediately so that appropriate legal action can be taken against the creditor. As part of my representation of the debtor in this case, I acknowledge my responsibility to act on behalf of the debtor to protect the debtor's rights under his or her discharge and to bring to the bankruptcy court's attention, if necessary or proper, actions thought by me to be in violation of the Order of Discharge. There are differences between secured and unsecured debt and in the manner in which a debtor may treat a secured debt in a Chapter 7 bankruptcy case. Some debtors may desire to surrender property which is collateral or security for a secured debt. Upon surrender of the property to the creditor, the debtor has no further liability to the creditor. Some debtors will redeem property pledged as security for a debt by paying the creditor the fair market value of the property. Other debtors may wish to reaffirm the debt secured by the debtor's property. Debtors should consider reaffirmation of a secured debt only where the value of the property equals or exceeds the debt, and the payments on the debt are reasonable and within the debtor's means. To reaffirm a debt, the debtor must sign a new agreement with the creditor, and that agreement, along with an attorney's affidavit or declaration pursuant to 11 U.S.C. § 524(c), if applicable, must be fi
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