PRO BONO CHAPTER 7 BANKRUPTCY FOR SENIORS AND THE DISABLED

Materials by:
Michael Fuller, Esq.

PANELISTS

Michael Fuller, Esq.

OlsenDaines
Portland, Oregon

Shatorree Bates, Esq.

Bates Law Firm, LLC
Atlanta, Georgia

ABA YLD Midyear Conference

Atlanta, GA, Hyatt Regency
Friday, February 11, 2011 at 8:45 a.m.
 PRESENTATION OUTLINE

Introduction

I. Non-Bankruptcy Options
A. Tax Consequences of Settlement Offers
B. Debt Management Companies
C. “Represented” Debtors and the Fair Debt Collection Practices Act
D. Reverse Mortgages
E. IRS Offers in Compromise

II. Obtaining a Chapter 7 Filing Fee Waiver

A. Relevant Law
B. Household Income Limit

III. Obtaining a Credit Counseling Class Waiver

IV. Motion for Appointment of Next Friend

V. Bankruptcy Petition Basics for Seniors and the Disabled

A. Form 1. Voluntary Petition
B. Form 8. Statement of Intention
C. Schedules
D. Form 7. Statement of Financial Affairs
E. Form 22A. Means Test

Appendix: Sample Forms and Letters

A. Sample Representation Letter
B. Relevant IRS forms
C. Form B 3B
D. DHHS Poverty Guidelines Table 2010
E. Sample Motion to Appoint Next Friend

ABOUT THE PANELISTS

Michael Fuller practices consumer rights litigation and bankruptcy law at OlsenDaines in Portland,
Oregon. He joined the Oregon State Bar in 2009 and regularly files pro bono chapter 7 bankruptcies.

Shatorree Bates practices bankruptcy, business and family law at Bates Law Firm, LLC in Atlanta,
Georgia and was admitted to the State Bar of Georgia in 2008. Her bankruptcy clients include
consumer and small business debtors, creditors and trustees.
 PROGRAM MATERIALS

I. Non-Bankruptcy Options
The first step in providing advice to most seniors and disabled clients is determining whether chapter 7
bankruptcy will benefit them. Many of these clients are judgment-proof and do not need to file.

A. Tax Consequences of Settlement Offers

Settling debts may be appropriate for debtors with non-exempt assets and a small amount of creditors
or debt. However, adverse tax consequences should also be considered when negotiating settlements.

1. IRC §108 and Form 982 – Forgiveness or Cancellation of Debt Income

The IRS generally counts forgiven debt as taxable income. Creditors will often provide debtors with a
Form 1099-C as part of a settlement offer where less than the full amount owed is accepted.

i. Foreclosure Exception
An exception exists for forgiveness of debt resulting from foreclosure of a qualified principal
residence. The foreclosure must occur before Dec. 31, 2013, and the debt must be less than $1,000,000
($2,000,000 if married).

ii. Insolvency Exception

Insolvent debtors whose total debts are larger than the value of all their assets also qualify for the
exception. Note that exempt assets count in the calculation of solvency, including retirement accounts.

iii. Bankruptcy Exception

Debt forgiven or canceled due to a bankruptcy filing is also exempt from taxable income.

B. Debt Management Companies

Debt management companies provide little or no benefit to most debtors. Occasionally a debtor with
only one or two creditors may benefit by hiring outside professionals to negotiate settlements.
However, debtors may negotiate the settlements themselves and avoid potential up-front fees and fly-
by-night con artists posing as legitimate companies.

C. “Represented” Debtors and the Fair Debt Collection Practices Act (“FDCPA”)
The FDCPA (codified at 15 USC §1692) provides protection to debtors represented by counsel. Many
seniors and disabled debtors who do not want to file bankruptcy or are not good candidates for
bankruptcy at a given point in time may still benefit by forming an attorney-client relationship.

After a debtor tells a debt collector they are represented by an attorney, the debt collector can no longer
contact the debtor or third parties. (15 USC §1692b(6); §1692c(a)(2))

During the period of representation, debtor's counsel must respond to the debt collector within a
reasonable amount of time. See Appendix A: Sample Representation Letter.

D. Reverse Mortgages
A debtor who is judgment-proof but-for non-exempt equity in their home may seek to obtain a reverse
mortgage and avoid bankruptcy.

1. HUD Home Equity Conversion Mortgages

HUD's reverse mortgage program generally requires a homeowner be 62 or older and live in a single
family residence or up to four unit home (condos and manufactured homes sometimes qualify).
Repayment of the loan is required upon homeowner's death, sale of the home, or if the homeowner fails
to occupy the home for more than 12 months. HECM Counselors are available at (800) 569-4287.

E. IRS Offers in Compromise (“OIC”)

Clients whose primary debts are federal income taxes may seek to avoid bankruptcy and resolve their
tax debt through an OIC. The OIC form requires debtors to select their reason for applying, either
because there is doubt as to the collectability of the taxes, or to serve the interests of effective tax
administration. A lump sum offer of 20% of the total offer must be attached to the OIC. The debtor
may elect to pay the remaining payments in five installments. See Appendix B: IRS Form 656.

II. Obtaining a Chapter 7 Filing Fee Waiver

A. Relevant Law
28 USC §1930(f)(1-3) governs the waiver of bankruptcy filing fees. The debtor must attach Official
Form 3B to their petition upon filing. See Appendix C: Form B 3B.

B. Household Income Limit

The debtor's household income on Schedule I Line 16 must be less than 150% of the income official
poverty line. See Appendix D: DHHS Poverty Guidelines Table 2010.

For the purposes of determining household income for the fee waiver, debtors should exclude non-cash
govt assistance (ie, food stamps, housing subsidies, etc.). The 2010 poverty guideline for a household
of two is $14,570, or, multiplied by 150% and divided by 12, $1,821/mo.

To qualify for the full fee waiver, the debtor must be unable to pay the fee in installments. This may be
shown by providing a negative net monthly income on Schedules I and J. Courts may use a totality of
the circumstances standard to determine whether a debtor may waive other filing fees imposed under
28 USC § 1930(b) and (c).

III. Obtaining a Credit Counseling Class Waiver

Generally, a debtor must complete a briefing from an approved credit counseling agency within the 180
days prior to filing, pursuant to 11 USC §109(h). The class may now be completed on the day the
petition is filed, pursuant to the Bankruptcy Technical Corrections Act of 2010.

Seniors or disabled debtors should contact an approved agency and request a fee waiver. A debtor may
provide prepared Schedules I and J to show financial hardship. Agencies are required to provide the
class regardless of ability to pay the fee, pursuant to 11 USC §111(d)(1)(E).

If a debtor is unable to obtain the class certificate free of charge, consider submitting a certification to
the Court in lieu of the class certificate. The certification should describe exigent circumstances that
merit waiver of the class requirement, and state that the debtor requested the class from an approved
agency and was unable to obtain the certificate within seven days, pursuant to 11 USC §109(h)(3)(A).

For debtors with mental or physical impairments that do not allow them to complete the class, consider
a waiver under 11 USC §109(h)(4).
IV. Motion for Appointment of Next Friend
Seniors and disabled debtors unable to attend the meeting of creditors due to mental incapacity may
appoint a “next friend” under Federal Rule of Bankruptcy Procedure 1004.1. See Appendix E: Sample
Motion to Appoint Next Friend.

V. Bankruptcy Petition Basics for Seniors and the Disabled

A. Form 1. Voluntary Petition

1. Consumer vs. Business Debts and the Means Test

Debtors with primarily business debts are not subject to the means test or dismissal under 11 USC
§707(b). Seniors or disabled debtors who own rental properties are most likely to have primarily
business debts. In States with anti-deficiency statutes prohibiting collection of certain mortgages
foreclosed by trust deed, counsel should note whether filing before foreclosure would affect the
consumer debt versus business debt ratio.

2. Prior Bankruptcies and Discharge

Pursuant to 11 USC §727(a)(8) and (9), debtors cannot receive a discharge of their debts in chapter 7
bankruptcy if they received a discharge in chapter 7 within the past eight years, or a discharge in a
chapter 13 within the past six years.

11 USC §727(a)(9)(A) provides an exception to debtors who received a chapter 13 discharge within the
past six years if the debtors paid 100% of their unsecured creditors, or if debtors paid 70% of unsecured
creditors, and proposed their plan in good faith and made their best efforts to repay creditors.

3. Venue State
Pursuant to 28 USC §1408, a petition should be filed in the District Court for the District in which the
debtor resided (or maintained domicile or principle place of business) for the majority of the 180 day
period prior to filing.

B. Form 8. Statement of Intention

Pursuant to 11 USC §521(a)(2)(A), debtors must file a statement of intention, stating whether they
intend to reaffirm, redeem, or surrender debts secured by property of the estate.

Prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors in
the Second, Third, Fourth, Ninth, and Tenth Circuits could retain secured collateral without entering
reaffirmation agreements. After BAPCPA, debtors in all Circuits risk repossession under an ipso facto
clause unless they state their intent to reaffirm and enter a reaffirmation agreement within 30 days after
their meeting of creditors.

Debtors may also elect to redeem property by paying the secured creditor the value of the collateral.

The BAPCPA amendments do not require debtors to reaffirm real property, and there is little advantage
to entering reaffirmation agreements on mortgages unless the lender offers significantly better loan
terms.
 C. Schedules

1. Sch. C Exemptions
To avoid forum shopping, the Code designates which States' exemptions a debtor may use on Schedule
C. Some State exemption laws allow debtors to use the federal exemptions, which are found in the
Code at 11 USC §522(d).

Pursuant to 11 USC §522(b)(3)(A), debtors shall use the exemptions of the State that has been their
domicile for the two year period prior to filing. If debtors maintained domicile in more than one State
in the two years prior to filing, they must use the exemptions for the State in which they maintained
domicile for the majority of the 180 days prior to the two year period.

2. Sch. E Priority Debts

Priority debts are enumerated at 11 USC §507(a), and should be listed on the petition at Schedule E. If
there are non-exempt assets of the estate, the panel trustee shall pay priority debts in full before
distributing any funds to general unsecured creditors.

Pursuant to 11 USC §507(a)(8), taxes are priority (and non-dischargeable pursuant to 11 USC §523(a)
(1)(A)) unless they have been assessed and owed for at least three years, and returns were filed by the
debtor at least years years prior to filing a bankruptcy petition.

The above-referenced time periods toll during OIC's and pending bankruptcies. An experienced
bankruptcy attorney may be required to properly analyze a debtor's tax transcripts in complex cases.

D. Form 7. Statement of Financial Affairs

The Statement of Financial Affairs (“SOFA”) is a list of 25 questions debtors are required to answer.
Most of the questions will not pertain to seniors and disabled debtors.

1. SOFA #2: List unemployment, disability, pension, social security, etc.

SOFA #2 asks for income other than from employment or operation of a business. Depending on local
practice in each District, debtors may want to include cash and non-cash benefits, including rent
assistance, food stamps, unemployment, disability, pension, social security, and other government
benefits.

2. SOFA #3: Watch for Preferences

Unsophisticated debtors often believe paying off family and friends prior to filing bankruptcy will
“keep them out of it.” SOFA #3 requires debtors list all payments to creditors who are “insiders” made
within the year prior to filing.

Payments listed on SOFA #3 may be reversed by the panel trustee. Waiting to file until payments to
insiders are over a year old may benefit the “insider” creditor and make life easier on the debtor.

3. SOFA #9: Should be Blank

A pro bono case should not list any payments on SOFA #9.

4. SOFA #10: Transfers and Fraudulent Conveyances

All transfers outside the ordinary course of business of the debtor within two years prior to the filing
date must be listed on SOFA #4. The panel trustee may reverse transfers within the two year period
pursuant to 11 USC §547, if the debtor's intent was to defraud creditors, or if the debtor received less
than fair market value in exchange for the transfer.

11 USC §544(b) allows the panel trustee to avoid transfers that any unsecured creditor may avoid under
State law. The Uniform Fraudulent Transfer Act (“UFTA”) generally imposes a four year statute of
limitations on actions to reverse fraudulent transfers. Be sure to check your State's codification of the
UFTA and ensure your client has not transferred property that may be reversed by the trustee under
§544(b) or §547.

E. Form 22A. Means Test

11 USC §707 explains the requirements of the means test, which will not be covered, as most seniors
and disabled chapter 7 debtors earn below their state's median average income.

For below-median debtors, average all household income for the six month period prior to the month
the petition is filed and enter the numbers on Form 22A. The means test does not count social security
benefits. Districts vary as to whether unemployment must be counted.

Debtors with primarily business debt need not complete the means test.
 Appendix: Sample Forms and Letters

A. Sample Representation Letter

B. Relevant IRS forms
C. Form B 3B
D. DHHS Poverty Guidelines Table 2010
E. Sample Motion to Appoint Next Friend
 Michael Fuller
mfuller@olsendaines.com

Attorneys
Eric W. Olsen*
Lars H. Olsen DELIVERED VIA FACSIMILE AND FIRST CLASS MAIL
Rex K. Daines* November 12, 2010
Kevin D. Swartz*
Keith D. Karnes*
D. Neal Peton
Suttell and Hammer, P.S.
Matthew A. Casper
1450-114th Ave SE, #240
Michael Fuller
Aaron B. Rabiroff
Bellevue, WA 98004
Andrea Breinholt
Michael Sperry Fax: (425) 454-7884
Hyrum Zeyer
Dwayne R. Murray** RE: Notice of Representation
Patrick D. McBurney** Capital One. v. Doe
* Licensed In Oregon & Washington Account No. 3333-3333-3333-3333
* * Of Counsel

Ladies and Gentlemen:

Correspondence
PO Box 12829 I represent the Does and will be filing a bankruptcy for them shortly. This letter serves as a
Salem, OR 97309 courtesy to you and your client, in an attempt to avoid unnecessary fees and costs in pursuing
the above-mentioned action.
Phone
Albany 541-928-9242
Please advise your client that collection at this time will likely prove ineffective. Any
Bend 541-330-5044 garnishment from this time forward will likely result in a reversible preferential payment
Coos Bay 541-267-7546 because my client is insolvent and would entitle your client to more than they would receive
Eugene 541-683-4268 as a creditor in a chapter 7 proceeding. See generally 11 U.S.C. § 547.
Grants Pass 541-471-1043
Klamath Falls 541-880-0545 Please also note that my client's income is wholly exempt, and their assets have no non-
Medford 541-770-5731 exempt equity. Feel free to call me with any questions. Thank you.
Port Orchard 360-871-0227
Portland Area 503-274-4252 Sincerely,
Roseburg 541-672-2016
Salem 503-362-9393
Tacoma 253-383-3386 Michael R. Fuller
Tri-Cities 509-783-3381 Attorney at Law
Vancouver 360-735 5998
Yakima 509-853-1192
cc: johndoe@hotmail.com

Fax
503-362-1375
800-258-3518

Email
webinfo@olsendaines.com

Website
www.olsendaines.com
PAGE 1 OF 1
Form 982 Reduction of Tax Attributes Due to Discharge of OMB No. 1545-0046
(Rev. March 2009) Indebtedness (and Section 1082 Basis Adjustment)
Attachment
Department of the Treasury ©
Internal Revenue Service Attach this form to your income tax return. Sequence No. 94
Name shown on return Identifying number

Part I General Information (see instructions)

1 Amount excluded is due to (check applicable box(es)):

a Discharge of indebtedness in a title 11 case
b Discharge of indebtedness to the extent insolvent (not in a title 11 case)
c Discharge of qualified farm indebtedness
d Discharge of qualified real property business indebtedness
e Discharge of qualified principal residence indebtedness
f Discharge of certain indebtedness of a qualified individual because of Midwestern disasters
2 Total amount of discharged indebtedness excluded from gross income 2
3 Do you elect to treat all real property described in section 1221(a)(1), relating to property held for sale to
customers in the ordinary course of a trade or business, as if it were depreciable property? Yes No
Part II Reduction of Tax Attributes. You must attach a description of any transactions resulting in the reduction in
basis under section 1017. See Regulations section 1.1017-1 for basis reduction ordering rules, and, if applicable,
required partnership consent statements. (For additional information, see the instructions for Part II.)
Enter amount excluded from gross income:
4 For a discharge of qualified real property business indebtedness, applied to reduce the basis of
depreciable real property 4
5 That you elect under section 108(b)(5) to apply first to reduce the basis (under section 1017) of
depreciable property 5
6 Applied to reduce any net operating loss that occurred in the tax year of the discharge or carried
over to the tax year of the discharge 6

7 Applied to reduce any general business credit carryover to or from the tax year of the discharge 7
8 Applied to reduce any minimum tax credit as of the beginning of the tax year immediately after
the tax year of the discharge 8
9 Applied to reduce any net capital loss for the tax year of the discharge including any capital loss
carryovers to the tax year of the discharge 9
10a Applied to reduce the basis of nondepreciable and depreciable property if not reduced on line
5. DO NOT use in the case of discharge of qualified farm indebtedness 10a
b Applied to reduce the basis of your principal residence. Enter amount here ONLY if line 1e is
checked 10b
11 For a discharge of qualified farm indebtedness, applied to reduce the basis of:
a Depreciable property used or held for use in a trade or business, or for the production of income, if
not reduced on line 5 11a

b Land used or held for use in a trade or business of farming 11b

c Other property used or held for use in a trade or business, or for the production of income 11c

12 Applied to reduce any passive activity loss and credit carryovers from the tax year of the discharge 12

13 Applied to reduce any foreign tax credit carryover to or from the tax year of the discharge 13
Part III Consent of Corporation to Adjustment of Basis of Its Property Under Section 1082(a)(2)

Under section 1081(b), the corporation named above has excluded $ from its gross income
for the tax year beginning , and ending .
Under that section, the corporation consents to have the basis of its property adjusted in accordance with the regulations prescribed
under section 1082(a)(2) in effect at the time of filing its income tax return for that year. The corporation is organized under the laws
of .
(State of incorporation)

Note. You must attach a description of the transactions resulting in the nonrecognition of gain under section 1081.
For Paperwork Reduction Act Notice, see page 5 of this form. Cat. No. 17066E Form 982 (Rev. 3-2009)
 Department of the Treasury — Internal Revenue Service
Form 656
(March 2009) Offer in Compromise
Attach Application Fee and Payment (check or money order) here.
IRS RECEIVED DATE
Section I Taxpayer Contact Information
Taxpayer’s First Name and Middle Initial Last Name

If a joint offer, spouse’s First Name and Middle Initial Last Name

Business Name
Taxpayer’s Address (Home and Business) (number, street, and room or suite no., city, state, ZIP code)

Mailing Address (if different from above) (number, street, and room or suite no., city, state, ZIP code)

DATE RETURNED
Social Security Number (SSN) Employer Identification Number (EIN)
(Primary) (Secondary) (EIN included in offer) (EIN not included in offer)

- - - - - -
Section II To: Commissioner of Internal Revenue Service

I/We (includes all types of taxpayers) submit this offer to compromise the tax liabilities plus any interest, penalties, additions to tax, and additional amounts
required by law (tax liability) for the tax type and period marked below: (Please mark an “X” in the box for the correct description and fill-in the correct tax period(s),
adding additional periods if needed).

1040/1120 Income Tax - Year(s)

941 Employer's Quarterly Federal Tax Return - Quarterly period(s)

940 Employer’s Annual Federal Unemployment (FUTA) Tax Return — Year(s)

Trust Fund Recovery Penalty as a responsible person of (enter corporation name)

,
for failure to pay withholding and Federal Insurance Contributions Act taxes (Social Security taxes), for period(s) ending

Other Federal Tax(es) [specify type(s) and period(s)]

Note: If you need more space, use a separate sheet of paper and title it “Attachment to Form 656 Dated .” Sign and date the
attachment following the listing of the tax periods.

Section III Reason for Offer in Compromise

I/We submit this offer for the reason(s) checked below:
Doubt as to Collectibility — “I have insufficient assets and income to pay the full amount.” You must include a complete Collection Information
Statement, Form 433-A and/or Form 433-B.

Effective Tax Administration — “I owe this amount and have sufficient assets to pay the full amount, but due to my exceptional circumstances,

requiring full payment would cause an economic hardship or would be unfair and inequitable.” You must include a complete Collection Information

Statement, Form 433-A and/or Form 433-B and complete Section VI.

Section IV Offer in Compromise Terms

I/We offer to pay $ (must be more than zero). Complete Section VII to explain where you will obtain the funds to make this offer.
Check only one of the following:
Lump sum cash offer – 20% of the amount of the offer $ must be sent with Form 656. Upon written acceptance of the offer,
the balance must be paid in 5 or fewer installments.
$ payable within months after acceptance
$ payable within months after acceptance
$ payable within months after acceptance
$ payable within months after acceptance
$ payable within months after acceptance
Short Term Periodic Payment Offer - Offer amount is paid within 24 months from the date IRS received your offer. The first payment must be
submitted with your Form 656. You must make regular payments during your offer investigation. Complete the following:
$ will be submitted with the Form 656. Beginning in the month after the offer is submitted (insert month ), on the
day of each month, $ will be sent in for a total of months. (Cannot extend more than 24 months from the date
the offer was submitted.)

Catalog Number 16728N www.irs.gov Form 656 (Rev. 3-2009)

 Page 2 of 4
Section IV Cont.

Deferred Periodic Payment Offer – Offer amount will be paid over the remaining life of the collection statute. The first payment must be
submitted with your Form 656. You must make regular payments during your offer investigation. Complete the following:
$ will be submitted with the Form 656. Beginning in the month after the offer is submitted (insert month ), on the
day of each month, $ will be sent in for a total of months.
Optional - Designation of Required Payment under IRC 7122(c)
You have the option to designate the required payment you made under Section IV above. If you choose not to designate your required payment,
then the IRS will apply your payment in the best interest of the government. If the required payment is not paid, the offer will be returned even if you
make a payment you designated as a deposit. Please complete the following if you choose to designate your payment:
$ paid under IRC 7122 (c) is to be applied to my Tax Year/Quarter(s) (whichever is applicable) for my/our tax
form .
If you pay more than the required payment when you submit your offer and want any part of that additional payment treated as a deposit, check the
box below and insert the amount. It is not required that you designate any portion of your payment as a deposit.
I am making a deposit of $ with this offer.

Section V By submitting this offer, I/we have read, understand and agree to the following conditions:

(a) I/We voluntarily submit all tax payments made on this offer,
including the mandatory payments of tax required under
section 7122(c). These tax payments are not refundable even
if I/we withdraw the offer prior to acceptance or the IRS
returns or rejects the offer. If the offer is accepted, the IRS will
apply payments made after acceptance in the best interest of
the government.
(b) Any payments made in connection with this offer will be
applied to the tax liability unless I have specified that they be
treated as a deposit. Only amounts that exceed the
mandatory payments can be treated as a deposit. Such a
deposit will be refundable if the offer is rejected or returned
by the IRS or is withdrawn. I/we understand that the IRS will
not pay interest on any deposit.
(c) The application fee for this offer will be kept by the
IRS unless the offer was not accepted for processing.
(f) The IRS will keep all payments and credits made, received
or applied to the total original liability before submission of this
offer and all payments required under section 7122(c). The
IRS will also keep all payments in excess of those required by
section 7122(c) that are received in connection with the offer
and that are not designated as deposits in Section IV. The
IRS may keep any proceeds from a levy served prior to
submission of the offer, but not received at the time the offer
is submitted. As additional consideration beyond the amount
of my/our offer, the IRS will keep any refund, including
interest, due to me/us because of overpayment of any tax or
other liability, for tax periods extending through the calendar
year in which the IRS accepts the offer. The date of
acceptance is the date on the written notice of acceptance
issued by the IRS to me/us or to my/our representative. I/We
may not designate an overpayment ordinarily subject to
refund, to which the IRS is entitled, to be applied to estimated
tax payments for the following year.

(d) I/We will comply with all provisions of the Internal Revenue
Code relating to filing my/our returns and paying my/our
required taxes for 5 years or until the offered amount is paid in
full, whichever is longer. In the case of a jointly submitted
Offer in Compromise of joint liabilities, I/we understand that
default with respect to the compliance provisions described in
this paragraph by one party to this agreement will not result in
the default of the entire agreement. The default provisions
described in Section V(i) of this agreement will be applied only
to the party failing to comply with the requirements of this
paragraph.
(e) I/We waive and agree to the suspension of any statutory
periods of limitation (time limits provided by law) for the IRS
assessment of the liability for the periods identified in Section
II. I/We understand that I/we have the right not to waive
these statutory periods or to limit the waiver to a certain length
or to certain periods. I/we understand, however, that the IRS
may not consider this offer if I/we refuse to waive the statutory
periods for assessment or if we provide only a limited waiver.
The amount of any Federal tax due for the periods described
in Section II may be assessed at any time prior to the
acceptance of this offer or within one year of the rejection of
this offer. I/We understand that the statute of limitations for
collection will be suspended during the period an offer is
considered pending by the IRS (paragraph (k) of this section
defines pending).
(g) I/We will return to the IRS any refund identified in
paragraph (f) received after submission of this offer.
(h) The IRS cannot collect more than the full amount of
the liability under this offer.
(i) I/We understand that I/we remain responsible for the full
amount of the liabilities, unless and until the IRS accepts the
offer in writing and I/we have met all the terms and conditions
of the offer. The IRS will not remove the original amount of
the liabilities from its records until I/we have met all the terms
and conditions of the offer. I/we understand that the liabilities
I/we offer to compromise are and will remain liabilities until
I/we meet all the terms and conditions of this offer. If I/we file
for bankruptcy before the terms and conditions of this offer
are completed, any claim the IRS files in the bankruptcy
proceedings will be a tax claim.
(j) Once the IRS accepts the offer in writing, I/we have
no right to contest, in court or otherwise, the amount of
the liability.
(k) The offer is pending starting with the date an authorized
IRS official signs the form. The offer remains pending until an
authorized IRS official accepts, rejects, returns or
acknowledges withdrawal of the offer in writing. If I/we appeal
an IRS rejection decision on the offer, the IRS will continue to
treat the offer as pending until the Appeals Office accepts or
rejects the offer in writing.

Catalog Number 16728N www.irs.gov Form 656 (Rev. 3-2009)


If I/we don’t file a protest within 30 days of the date the IRS
notifies me/us of the right to protest the decision, I/we waive the
right to a hearing before the Appeals Office about the Offer in
Compromise.
(l) If I/we fail to meet any of the terms and conditions of the
offer and the offer defaults, the IRS may:
• immediately file suit to collect the entire unpaid balance of
the offer;
• immediately file suit to collect an amount equal to the
original amount of the liability, minus any payment already
received under the terms of this offer;
• disregard the amount of the offer and apply all amounts
already paid under the offer against the original amount of
the liability; and/or
• file suit or levy to collect the original amount of the liability,
without further notice of any kind.
The IRS will continue to add interest, as section 6601 of the
Internal Revenue Code requires, on the amount the IRS
determines is due after default. The IRS will add interest from
the date the offer is defaulted until I/we completely satisfy the
amount owed.
Section VI Explanation of Circumstances
I am requesting an Offer in Compromise for the reason(s) listed below:
Note: If you believe you have special circumstances affecting your ability to fully pay the amount due, explain your situation. You may attach additional
sheets if necessary. Please include your name and SSN or EIN on all additional sheets or supporting documentation.
Section VII Source of Funds
I / We shall obtain the funds to make this offer from the following source(s):
Catalog Number 16728N www.irs.gov
Page 3 of 4
(m) The IRS generally files a Notice of Federal Tax Lien to
protect the Government’s interest on offers with deferred
payments. Also, the IRS may file a Notice of Federal Tax Lien
during the offer investigation. This tax lien will be released
when the payment terms of the offer agreement have been
satisfied.
(n) I/We understand that IRS employees may contact third
parties in order to respond to this request and I/we authorize
the IRS to make such contacts. Further, by authorizing the IRS
to contact third parties, I/we understand that I/we will not
receive notice, pursuant to section 7602(c) of the Internal
Revenue Code, of third parties contacted in connection with
this request.
(o) I/We are offering to compromise all the liabilities assessed
against me/us as of the date of this offer and under the
taxpayer identification numbers listed in Section II above. I/We
authorize the IRS to amend Section II, above, to include any
assessed liabilities we failed to list on Form 656.
Form 656 (Rev. 3-2009)
 Page 4 of 4

Section VIll Mandatory Signatures

If I / we submit this offer on a substitute form, I/ we affirm that this form is a verbatim duplicate of the official Form 656,
and I/we agree to be bound by all the terms and conditions set forth in the official Form 656.
Under penalties of perjury, I declare that I have examined this offer, including accompanying schedules and statements,
and to the best of my knowledge and belief, it is true, correct and complete.

Taxpayer Signature of Taxpayer Daytime Telephone Number Date (mmddyyyy)

Attestation
( )
Signature of Taxpayer Date (mmddyyyy)

Official Use Only

I accept the waiver of the statutory period of limitations on assessment for the Internal Revenue Service, as described in Section V(e).
Signature of Authorized Internal Revenue Service Official Title Date (mmddyyyy)

Section IX Application Prepared by Someone Other than the Taxpayer

If this application was prepared by someone other than the taxpayer, please fill in that person’s name and address below.

Name

Address (if known) (Street, City, State, ZIP code)

Section X Paid Preparer Use Only

Name of Preparer

Signature of Preparer Date (mmddyyyy) Check if Preparer’s CAF no. or PTIN

self-employed

Firm’s name (or yours if self-employed), address, and ZIP code

Section XI Third Party Designee

Do you want to allow another person to discuss this offer with the IRS? Yes. Complete the information below. No
Designee’s Name Telephone Number
( )
Privacy Act Statement
We ask for the information on this form to carry out the internal revenue laws of the United States. Our authority to request this information is Section 7801 of the Internal
Revenue Code.

Our purpose for requesting the information is to determine if it is in the best interests of the IRS to accept an Offer in Compromise. You are not required to make an Offer
in Compromise; however, if you choose to do so, you must provide all of the taxpayer information requested. Failure to provide all of the information may prevent us from
processing your request.

If you are a paid preparer and you prepared the Form 656 for the taxpayer submitting an offer, we request that you complete and sign Section X on Form 656, and provide
identifying information. Providing this information is voluntary. This information will be used to administer and enforce the internal revenue laws of the United States and may
be used to regulate practice before the Internal Revenue Service for those persons subject to Treasury Department Circular No. 230, Regulations Governing the Practice of
Attorneys, Certified Public Accountants, Enrolled Agents, Enrolled Actuaries, and Appraisers before the Internal Revenue Service. Information on this form may be disclosed
to the Department of Justice for civil and criminal litigation.

We may also disclose this information to cities, states and the District of Columbia for use in administering their tax laws and to combat terrorism. Providing false or
fraudulent information on this form may subject you to criminal prosecution and penalties.

Attention:

Instructions and pertaining forms for completing an accurate Offer in Compromise are available in the

Form 656-B, Offer in Compromise Booklet. The Form 656-B is available through the IRS website www.irs.gov.

Catalog Number 16728N www.irs.gov Form 656 (Rev. 3-2009)

B 3B (Official Form 3B) (12/07)

APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE

FOR INDIVIDUALS WHO CANNOT PAY THE FILING FEE
IN FULL OR IN INSTALLMENTS

The court fee for filing a case under chapter 7 of the Bankruptcy Code is $299.

If you cannot afford to pay the full fee at the time of filing, you may apply to pay the fee
in installments. A form, which is available from the bankruptcy clerk’s office, must be
completed to make that application. If your application to pay in installments is
approved, you will be permitted to file your petition, generally completing payment of
the fee over the course of four to six months.

If you cannot afford to pay the fee either in full at the time of filing or in installments,
you may request a waiver of the filing fee by completing this application and filing it
with the Clerk of Court. A judge will decide whether you have to pay the fee. By law,
the judge may waive the fee only if your income is less than 150 percent of the official
poverty line applicable to your family size and you are unable to pay the fee in
installments. You may obtain information about the poverty guidelines at
www.uscourts.gov or in the bankruptcy clerk’s office.

Required information. Complete all items in the application, and attach requested
schedules. Then sign the application on the last page. If you and your spouse are filing a
joint bankruptcy petition, you both must provide information as requested and sign the
application.
B 3B (Official Form 3B) (12/07) -- Cont.

UNITED STATES BANKRUPTCY COURT

__________ District of __________

In re: ___________________
John and Jane Doe Case No. ___________________
Debtor(s) (if known)

APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE

FOR INDIVIDUALS WHO CANNOT PAY THE FILING FEE IN FULL OR IN INSTALLMENTS

Part A. Family Size and Income

1. Including yourself, your spouse, and dependents you have listed or will list on Schedule I (Current
Income of Individual Debtors(s)), how many people are in your family? (Do not include your spouse if
2
you are separated AND are not filing a joint petition.) __________

2. Restate the following information that you provided, or will provide, on Line 16 of Schedule I. Attach
a completed copy of Schedule I, if it is available.

Total Combined Monthly Income (Line 16 of Schedule I): 1,800.00

$____________________

3. State the monthly net income, if any, of dependents included in Question 1 above. Do not include any
income already reported in Item 2. If none, enter $0.

0.00
$____________________

4. Add the “Total Combined Monthly Income” reported in Question 2 to your dependents’ monthly net
income from Question 3.

$____________________
1,800.00

5. Do you expect the amount in Question 4 to increase or decrease by more than 10% during the next 6
✔
months? Yes ___ No ___

If yes, explain.

Part B. Monthly Expenses

6. EITHER (a) attach a completed copy of Schedule J (Schedule of Monthly Expenses), and state your
total monthly expenses reported on Line 18 of that Schedule, OR (b) if you have not yet completed
Schedule J, provide an estimate of your total monthly expenses.

2,850.00
$____________________

7. Do you expect the amount in Question 6 to increase or decrease by more than 10% during the next 6
✔
months? Yes ___ No ___
If yes, explain.

Part C. Real and Personal Property

EITHER (1) attach completed copies of Schedule A (Real Property) and Schedule B (Personal Property),
OR (2) if you have not yet completed those schedules, answer the following questions.

8. State the amount of cash you have on hand. 10.00

$ ____________________

9. State below any money you have in savings, checking, or other accounts in a bank or other financial
institution.

Bank or Other Financial Institution: Type of Account such as savings, Amount:

checking, CD:
Bank of America
_________________________ Checking and Savi
___________________ 5.00
$____________________

US Bank
_________________________ Reliacard
___________________ 1,500.00
$____________________
B 3B (Official Form 3B) (12/07) -- Cont.

10. State below the assets owned by you. Do not list ordinary household furnishings and clothing.

Address:
Home 150,000.00
Value: $ ____________________
____________________________
100 Westover St. NW,
100,000.00
Amount owed on mortgages and liens: $ ____________________
Portland, OR 97210
____________________________

Address:
Other real estate Value: $ ____________________
____________________________
Amount owed on mortgages and liens: $ ____________________
_____________________________

Motor vehicle Model/Year: ___________________ 5,000.00

Value: $ ____________________
2000 Mercedes C230
____________________________ Amount owed: $ ____________________

Motor vehicle Model/Year: ___________________ Value: $ ____________________

____________________________ Amount owed: $ ____________________

Other Description___________________ Value: $ ____________________

___________________________ Amount owed: $ ____________________

11. State below any person, business, organization, or governmental unit that owes you money and the
amount that is owed.

Name of Person, Business, or Organization that Owes You Amount Owed

Money

__________________________________ $ ____________________

__________________________________ $ ____________________

Part D. Additional Information.

12. Have you paid an attorney any money for services in connection with this case, including the
✔
completion of this form, the bankruptcy petition, or schedules? Yes ___ No ___
If yes, how much have you paid? $ ____________________

13. Have you promised to pay or do you anticipate paying an attorney in connection with your
✔
bankruptcy case? Yes ___ No ___
If yes, how much have you promised to pay or do you anticipate paying? $ ____________________

14. Have you paid anyone other than an attorney (such as a bankruptcy petition preparer, paralegal,
typing service, or another person) any money for services in connection with this case, including the
✔
completion of this form, the bankruptcy petition, or schedules? Yes ___ No ___
If yes, how much have you paid? $ ____________________

15. Have you promised to pay or do you anticipate paying anyone other than an attorney (such as a
bankruptcy petition preparer, paralegal, typing service, or another person) any money for services in
connection with this case, including the completion of this form, the bankruptcy petition, or schedules?
✔
Yes ___ No ___
If yes, how much have you promised to pay or do you anticipate paying? $ ____________________

16. Has anyone paid an attorney or other person or service in connection with this case, on your behalf?
✔
Yes ___ No ___

If yes, explain.
B 3B (Official Form 3B) (12/07) -- Cont.

✔ No ___
17. Have you previously filed for bankruptcy relief during the past eight years? Yes ___

Case Number (if Year filed Location of filing Did you obtain a discharge? (if known)
known)
05-55555
___________________ 2005
_______ Oregon
______________ Yes ____ ✔ Don't know ____
No ____

___________________ _______ ______________ Yes ____ No ____ Don't know ____

18. Please provide any other information that helps to explain why you are unable to pay the filing fee in
installments.
Our fixed monthly income barely allows us to meet the expenses of our mortgage, food,
and medicine.
19. I (we) declare under penalty of perjury that I (we) cannot currently afford to pay the filing fee in full or
in installments and that the foregoing information is true and correct.

Executed on: ___________________ ________________________________

Date Signature of Debtor
___________________ ________________________________
Date Signature of Codebtor

------------------------------------------------------------------------------------------------------------------------------------------------------
DECLARATION AND SIGNATURE OF BANKRUPTCY PETITION PREPARER (See 11 U.S.C. § 110)

I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared
this document for compensation and have provided the debtor with a copy of this document and the notices and information
required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and (3) if rules or guidelines have been promulgated pursuant to 11
U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor
notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as
required under that section.

___________________________________________________________ __________________________
Printed or Typed Name and Title, if any, of Bankruptcy Petition Preparer Social-Security No. (Required by
11 U.S.C. §110.)
If the bankruptcy petition preparer is not an individual, state the name, title (if any), address, and social-security number of
the officer, principal, responsible person, or partner who signs the document.
________________________________

________________________________
Address

x__________________________________________________ _____________________
Signature of Bankruptcy Petition Preparer Date

Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document, unless the
bankruptcy petition preparer is not an individual:

If more than one person prepared this document, attach additional signed sheets conforming to the appropriate
Official Form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy
Procedure may result in fines or imprisonment or both. 11 U.S.C. § 110; 18 U.S.C. § 156.
 B 3B (Official Form 3B) (12/07) -- Cont.

UNITED STATES BANKRUPTCY COURT

__________ District of __________

John and Jane Doe

In re: ___________________ Case No. ___________________
Debtor(s)

ORDER ON DEBTOR’S APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE

Upon consideration of the debtor’s “Application for Waiver of the Chapter 7 Filing Fee,” the court orders
that the application be:

[ ] GRANTED.

This order is subject to being vacated at a later time if developments in the administration of the
bankruptcy case demonstrate that the waiver was unwarranted.

[ ] DENIED.

The debtor shall pay the chapter 7 filing fee according to the following terms:

$ __________ on or before __________

$ __________ on or before __________

$ __________ on or before __________

$ __________ on or before __________

Until the filing fee is paid in full, the debtor shall not make any additional payment or transfer any
additional property to an attorney or any other person for services in connection with this case.

IF THE DEBTOR FAILS TO TIMELY PAY THE FILING FEE IN FULL OR TO TIMELY MAKE
INSTALLMENT PAYMENTS, THE COURT MAY DISMISS THE DEBTOR’S CASE.

[ ] SCHEDULED FOR HEARING.

A hearing to consider the debtor’s “Application for Waiver of the Chapter 7 Filing Fee” shall be held
on __________________ at ________ am/pm at ________________________________________.
(address of courthouse)

IF THE DEBTOR FAILS TO APPEAR AT THE SCHEDULED HEARING, THE COURT MAY
DEEM SUCH FAILURE TO BE THE DEBTOR’S CONSENT TO THE ENTRY OF AN ORDER
DENYING THE FEE WAIVER APPLICATION BY DEFAULT.

BY THE COURT:

DATE: __________ __________________________

United States Bankruptcy Judge

Reset Save As... Print

 The 2010 Poverty Guidelines for the
48 Contiguous States and the District of Columbia
Persons in family Poverty guideline
1 $10,830
2 14,570
3 18,310
4 22,050
5 25,790
6 29,530
7 33,270
8 37,010
For families with more than 8 persons, add $3,740 for each additional
person.
2010 Poverty Guidelines for
Alaska
Persons in family Poverty guideline
1 $13,530
2 18,210
3 22,890
4 27,570
5 32,250
6 36,930
7 41,610
8 46,290
For families with more than 8 persons, add $4,680 for each additional
person.
2010 Poverty Guidelines for
Hawaii
Persons in family Poverty guideline
1 $12,460
2 16,760
3 21,060
4 25,360
5 29,660
6 33,960
7 38,260
8 42,560
For families with more than 8 persons, add $4,300 for each additional
person.
 1 Michael R. Fuller, OSB #09357
Attorney for Debtors
2 PO Box 12829
Portland, OR 97210
3 (503) 362-9393
IN THE UNITED STATES BANKRUPTCY COURT
4 FOR THE DISTRICT OF OREGON

5 IN RE: )
) Case No. 10-55555-AER7
6 John and Jane Doe, )
Debtors. ) MOTION FOR APPOINTMENT
7 ) OF NEXT FRIEND

8 Debtors, John and Jane Doe, by and through their attorney, Michael R. Fuller, hereby moves this Court for

9 the appointment of a next friend pursuant to F.R.Bankr.P. 1016 as follows:

10 1. This Chapter 7 proceeding was commenced on July 1, 2010.

11 2. Debtors attended the 341(a) Meeting of Creditors on August 15, 2010.

12 3. During the Trustee’s questioning of the Debtors it became apparent that debtors lacked knowledge

13 of the details of their financial affairs.

14 4. Debtors have both been diagnosed with Alzheimer’s disease which has affected their memory.

15 5. Pursuant to F.R.Bankr.P. 1016, this Court may appoint a next friend for the prosecution of the within

16 petition as the Court “shall make such other order as it deems proper for the protection of the infant

17 or incompetent person.”

18 6. It is necessary that this Court appoint Johnny Doe as next friend because the Debtors, John and Jane

19 Doe, are incapacitated.

20 7. Johnny Doe is the Debtors’ grandson has personal knowledge of the details of Debtors’ finances and

21 is able and willing to attend the 341(a) and respond to the trustee’s questions in this matter.

22 8. This Motion is supported by the attached Declaration of Johnny Doe and incorporated herein by this

23 reference.

24 WHEREFORE, Debtors prays this Court appoint Johnny Doe as next friend to act on all matters to which the

25 Debtors can act.

26 DATED this 5th day of September , 2010.

/s/ Michael R. Fuller
27 Michael R. Fuller, OSB#09357
Attorney for Debtors
28
Olsen, Olsen & Daines, LLC
PO Box 12829
1 - MOTION FOR APPOINTMENT Salem, OR 97309-0829
Telephone (503) 362-9393
OF NEXT FRIEND Facsimile (503) 362-1375
 1 Michael R. Fuller, OSB #09357
Attorney for Debtors
2 PO Box 12829
Portland, OR 97210
3 (503) 362-9393
4
5
IN THE UNITED STATES BANKRUPTCY COURT
6
FOR THE DISTRICT OF OREGON
7
IN RE: )
8 ) Case No. 10-55555-AER7
John and Jane Doe, )
9 ) DECLARATION OF JOHNNY DOE
Debtors. ) IN SUPPORT OF MOTION FOR
10 ) APPOINTMENT OF NEXT FRIEND
11 I, Johnny Doe, do state under penalty of perjury:
12 1. I am the grandson of the Does, the debtors in the above-entitled case.
13 2. I am aware of my grandparents’ finances including the details regarding who they
14 owe, what they own, what their monthly expenses are and the source and amounts
15 of their income.
16 3. I assist them in making sure their monthly bills get paid and help them track their
17 bank accounts.
18 4. I believe I can testify on behalf of my grandparents regarding their finances and
19 otherwise assist them in this matter.
20 I make this declaration in support of the Motion for Appointment of Next Friend.
21 Dated this 1st day of September, 2010.
22 /s/ Johnny Doe
Johnny Doe
23
24
25
26
27
28
Olsen, Olsen & Daines, LLC
PO Box 12829
Salem, OR 97309-0829
Telephone (503) 362-9393
1 - DECLARATION OF JOHNNY DOE Facsimile (503) 362-1375
 1 Michael R. Fuller, OSB #09357
OlsenDaines
2 P.O. Box 12829
Portland, OR 97210
3 (503)362-9393
4
IN THE UNITED STATES BANKRUPTCY COURT
5 FOR THE DISTRICT OF OREGON
6
7 )
IN RE: )
8 ) Case No. 10-55555-AER7
John and Jane Doe, )
) CERTIFICATE OF SERVICE
9 Debtors, )
)
10
11 CERTIFICATE OF SERVICE
12 I, Michael R. Fuller, certify that I have served the foregoing MOTION FOR APPOINTMENT OF

13 NEXT FRIEND by mailing a copy through first class mail, return receipt requested, to the following

14 on 10/1/2010.

15 Michael A. Grassmueck, Inc., Trustee

c/o Michael A. Grassmueck
16 POB 5248
Portland, OR 97208-5248
17
Office of the US Trustee
18 Wayne L. Morse Courthouse
405 East 8th Avenue, Suite 1100
19 Eugene, OR 97401

20 And all creditors on the Court’s Mailing Matrix in this matter.

21
DATED: October 1, 2010
22
23 /s/ Michael R. Fuller
Michael R. Fuller, OSB #09357
24 Attorney for Debtors.

25
26
27
28

O lsen, O lsen & D aines, L L C

PO Box 12829
1 - Certificate of Service Salem, O R 97309-0829
Telephone (503) 362-9393
Facsimile (503) 362-1375