PAUL KILBURG, Bankruptcy Judge
The Court determines that amendments to 11 U.S.C. § 522, pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, make necessary the use and filing of a standardized Debtor Certification prior to the entry of discharge in all Chapter 11, 12, or 13 cases in which an individual debtor has elected under 11 U.S.C. § 522(b)(3)(A) to exempt property under State or local law, and to exempt interest in property described in subparagraphs (A), (B), (C), and (D) of subsection 11 U.S.C. § 522(p)(1) which exceeds in the aggregate $125,000.
IT IS HEREBY ORDERED, effective in all Chapter 11, 12 and 13 cases filed in the Northern District of Iowa on or after April 20, 2005, that:
1. Debtors wishing to elect to exempt property under State or local law, pursuant to 11 U.S.C. § 522(b)(3)(A), and to exempt interest in property described in subparagraphs (A), (B), (C), and (D) of subsection 11 U.S.C. § 522(p)(1) which exceeds in the aggregate $125,000, shall prepare and submit for filing a Certification Re: 11 U.S.C. § 522, utilizing the standardized IANB Procedural Form 522 (Form IANB522), attached hereto as Exhibit #1.
2. Said Certification (Form IANB522) shall be filed with the Court in all cases pursuant to Paragraph 1 of this Order, no earlier than the date set for the last plan payment in the case.
The Clerk of Court is directed to place a copy of this order in the Public Administrative Orders file. The Clerk also is directed to post a copy of this Administrative Order to the Court's web site so that it is available to all attorneys who are admitted to practice before this court, either as a member of the bar of the district or pro hac vice in a pending case.
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF IOWA
IN RE: ) ) Chapter ) , ) Bankruptcy No. Debtors. )
DEBTOR CERTIFICATION RE: 11 U.S.C. § 522
Debtor(s) hereby certify under penalties of perjury that (Select all that apply):
1. ____ The debtor
has been found guilty of a felony of the kind described in
11 U.S.C. § 522(q)(1)(A), or found liable for a debt of the kind described in
11 U.S.C. § 522(q)(1)(B); OR
2. ____ There
is currently pending a proceeding in which debtor(s) may be found guilty of a felony of the kind described in
11 U.S.C. § 522(q)(1)(A), or found liable for a debt of the kind described in
11 U.S.C. § 522(q)(1)(B); OR
3. ____ The debtor
has not been found guilty of a felony of the kind described in
11 U.S.C. § 522(q)(1)(A), or found liable for a debt of the kind described in
11 U.S.C. § 522(q)(1)(B); OR
4. ____ There
is not currently pending any proceeding in which debtor(s) may be found guilty of a felony of the kind described in
11 U.S.C. § 522(q)(1)(A), or found liable for a debt of the kind described in
11 U.S.C. § 522(q)(1)(B).
Debtor(s) acknowledge, through signature below, that the statements contained herein are true and accurate, and that the Court may rely on the truth of these statements in determining whether to grant a discharge in the above captioned case. Debtor(s) understand that the Court may revoke a discharge, once entered, if the statements made by the Debtor(s) are inaccurate and/or incomplete.
DATE: _________________ ___________________________________ Debtor's Signature
___________________________________ Joint Debtor's Signature