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Notice of Available Chapters
Hello All:
I have a bit of an issue with the Notice of Available Chapters, Form B201. My software (Bankruptcy 2010) doesn't generate this. It generates Form B201B only; this is the debtor's certification of receipt of the notice, but it's not the actual notice itself. The notice itself is B201A.
Fred Rogovy, the developer of Bankruptcy 2010, points out that the notice is stupid because I've already certified, at Exhibit B, page 2 of the petition, that I've given the notice of available chapters. He also points out that the national Administrative Office (in December 2009) has divided Form B201 into two parts, as outlined above (see http://www.uscourts.gov/bankform/), and states explicitly that the notice part (B201A) doesn't need to be filed.
The Central District Clerks, however, do not accede to these arguments. Forms B201A and B201B do not replace B201, according to them, and they will give me a case deficiency notice unless they see a three-page Form B201B revised as of 12/2008, rather than the newer form revised in 12/2009.
How should I handle this? I see several possibilities:
1. Always file an additional Form B201B along with my petition.
2. Never file the additional form with the petition, and rant at the clerks every time they give me a case deficiency notice, in hopes that they finally see the wisdom of my righteous wrath and join with the rest of the country. This might also include convincing other attorneys to join in my quixotic efforts and start group lobbying, maybe even through a group like CDCBAA.
3. Toss out Bankruptcy 2010 and go to another program which generates the required form.
4. Lobby Fred Rogovy to change his stance and offer B201 for me in spite of its superfluity.
Has anyone else run into this problem?
- John Faucher
Hurlbett & Faucher
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