IN THE UNITED STATES BANKRUPTCY COURT
FOR THE (district) DISTRICT OF (state)
In Re:
)
)
DEBTOR,
)
Case No.
xx-xxxxx
)
Plaintiffs,
)
Chapter
xx
)
vs.
)
)
CREDITOR,
)
Adv. No. xxxxxxxxx
)
Defendant.
)
COMPLAINT FOR VIOLATION OF R.E.S.P.A. 12 USC § 2605(e) AND
COMPLAINT TO COMPEL ACCOUNTING
COMES NOW the Plaintiff, Debtor, and for his/her Complaint for Violation of
R.E.S.P.A 12 USC § 2605(e) and Complaint to Compel Accounting states as follows:
ALLEGATIONS COMMON TO ALL COUNTS
1.
That on (filing date), Plaintiff filed for relief under Chapter 13 of the Bankruptcy
Code. (Exhibit 1)
2.
That the debt to (Creditor), and hereafter referred to as the Defendant was
scheduled. (Exhibit 2)
3.
That the Chapter 13 Plan filed by the Plaintiff stated both the regular monthly
payments and the arrearages would be paid by the Chapter 13 Trustee. (Exhibit 3)
4.
That the payments were scheduled in the Chapter 13 plan as $xxx.xx beginning at
filing. (Exhibit 3)
5.
That the arrearages were scheduled in the Chapter 13 plan to be paid 100% by
Trustee with 0% interest rate. (Exhibit 3)
6.
That Defendant filed a Proof of Claim on (date), in the total amount of $(amount)
for arrearages. (Exhibit 4)
7.
That the information contained in the Proof of Claim was insufficient to
determine the accuracy of the arrearage amount indicated on the Proof of Claim.
COUNT I- R.E.S.P.A. 12 USC § 2605(e)
(Real Estate Settlement and Procedures Act)
8.
That on (date) the Plaintiff sent a qualified R.E.S.P.A. letter to the Defendant.
(Exhibit 5)
9.
That as of the date of this Complaint for Violation of R.E.S.P.A 12 USC § 2605
(e) and Complaint to Compel Accounting, no response has been received from the
Defendant.
10.
That the Defendant is in violation of R.E.S.P.A.