Sparkman, Shepard & Morris, P.C.

The Alabama Bankruptcy Page

Today is

Please choose from the following: Download Free Bankruptcy Forms Research Exemptions in Alabama Research Bankruptcy Code, Rules and Related Statutes Find 341 Creditors’ Meetings in North Alabama Review Court Calendars, Addresses and Local Rules

Download Free Bankruptcy Information Forms

Form Format(s) Available Description

Proof of Claim with Instructions

Microsoft Word PDF (Adobe Acrobat)

File this form with the Bankruptcy Court to assert a claim for payment against a debtor’s estate. Each creditor must file a proof of claim on or before a deadline set by the Court.

Return to Top

Bankruptcy Exemptions in Alabama

        The Bankruptcy Code includes federal exemptions in 11 U.S.C. section 522(d), more than half of the states legislatures, including the Alabama Legislature, have enacted statutes which replace the federal exemptions with state exemptions. Consequently, available exemptions vary from state to state. See section 6-10-11, Code of Alabama (1975).

        Even in states like Alabama where the federal exemptions have been replaced, federal law still requires that exemptions may be claimed only on property owned by the debtor on the date of the bankruptcy filing. Alabama law goes further and dictates that only exemptions in existence at the time the debt was created may be claimed.

Exemption	Code of Alabama
Homestead of $5,000.00 for individual or $10,000.00 per couple		section 6-10-2
Personal property of $3,000.00 per individual or $6,000.00 per couple		sections 6-10-6, 6-10-126
Cemetery lots and pews or seats in church		section 6-10-5
Certain earnings		section 6-10-7
Rights of some beneficiaries/assignees of life insurance policies		section 6-10-8
Partnership property		section 10-8-72 (b)(3)
Benefits under public employees' retirement systems		sections 16-25-23, 36-27-28 and 78
Benefits provided under certain “qualified trusts”		section 19-3-1
Benefits from unemployment compensation fund		sections 25-4-53(b), 25-4-140
Workers' compensation benefits		section 25-5-86(b)
Proceeds/loan value of life insurance policy for benefit of dependent		section 27-14-29
Disability benefits		section 27-14-31
Annuity contracts		section 27-14-32
Benefits from fraternal benefit societies		section 27-34-27
Public assistance		section 38-4-8

       There are also some provisions of the Bankruptcy Code which act effectively as exemptions, such as the exclusion under section 541(c) of a debtor's interest in an ERISA-qualified retirement plan from "property of the estate". Patterson v. Shumate, ___ U.S. ___, 112 S.Ct. 2242, 119 L.Ed.2d 519 (1992). The Eleventh Circuit has extended this exclusion to a debtor's individual retirement account (IRA) if it is exempt from garnishment by creditors under applicable state law, even though the IRA document allows the debtor to withdraw the IRA funds at any time by paying a penalty. In re Meehan, 102 F.3d 1209 (11th Cir. 1997).

Bankruptcy Code, Rules and Other Statutes

Using these links, you can read the federal statutes and rules governing bankruptcy, credit and debt collection and taxes. In some instances, state law may also apply, such as the creation of a property interest like a deed or a mortgage. See our Online Law Library for state law links.

Title 11 U.S.C. – U.S. Bankruptcy Code	Index
Federal Rules of Bankruptcy Procedure	Index
Title 15 U.S.C. - Consumer Credit Protection Act	Index
Title 15 U.S.C. - Fair Debt Collection Practices Act	Index
Title 26 U.S.C. - Internal Revenue Code	Index

Return to Top



Scheduled 341 Meetings of Creditors in North Alabama

Trustee	Mtg. Date	Location
T. Shepard	July 8, 2004	Decatur
T. Shepard	July 16, 2004	Florence
T. Shepard	July 23, 2004	Huntsville
T. Shepard	August 5, 2004	Decatur
T. Shepard	August 13, 2004	Florence
T. Shepard	August 20, 2004	Huntsville
T. Shepard	September 2, 2004	Decatur
T. Shepard	September 10, 2004	Florence
T. Shepard	September 17, 2004	Huntsville
T. Shepard	September 30, 2004	Decatur
T. Shepard	October 8, 2004	Florence
T. Shepard	October 15, 2004	Huntsville
T. Shepard	October 28, 2004	Decatur
T. Shepard	November 5, 2004	Florence
T. Shepard	November 12, 2004	Huntsville
T. Shepard	December 2, 2004	Decatur
T. Shepard	December 3, 2004	Florence
T. Shepard	December 17, 2004	Huntsville
T. Shepard	December 23, 2004	Florence
T. Shepard	December 30, 2004	Decatur

Trustee	Mtg. Date	Location
J. Thompson	July 2, 2004	Florence
J. Thompson	July 9, 2004	Huntsville
J. Thompson	July 22, 2004	Decatur
J. Thompson	July 30, 2004	Florence
J. Thompson	August 13, 2004	Huntsville
J. Thompson	August 19, 2004	Decatur
J. Thompson	August 27, 2004	Florence
J. Thompson	September 3, 2004	Huntsville
J. Thompson	September 16, 2004	Decatur
J. Thompson	September 24, 2004	Florence
J. Thompson	October 1, 2004	Huntsville
J. Thompson	October 14, 2004	Decatur
J. Thompson	October 22, 2004	Florence
J. Thompson	October 29, 2004	Huntsville
J. Thompson	November 18, 2004	Decatur
J. Thompson	November 19, 2004	Florence
J. Thompson	December 3, 2004	Huntsville
J. Thompson	December 10, 2004	Florence
J. Thompson	December 16, 2004	Decatur
J. Thompson	December 30, 2004	Huntsville

Chapter 7 Trustees of the U.S. Bankruptcy Court For the Northern District of Alabama	Tazewell T. Shepard mail@tshepard.com P.O. Box 19045 Huntsville, Alabama 35804 Judith C. Thompson judiththompsontrustee@comcast.net P.O. Box 18966 Huntsville, Alabama 35804

Return to Top

	Bankruptcy Court Calendars, Addresses and Local Rules We are pleased to provide these links to bankruptcy court information from the federal districts in our practice area. Most of the courts update their calendars daily.
Northern District of Alabama		Calendar	Local Rules	Addresses
Middle District of Alabama		Calendar	Local Rules	Addresses
Southern District of Alabama		Calendar	Local Rules	Addresses
Northern District of Georgia		Calendar	Local Rules	Addresses
Northern District of Mississippi		N/A	Local Rules	Addresses
Middle District of Tennessee		Calendar	Local Rules	Addresses

Return to Top


Was this page helpful? Feel free to bookmark this page

Visit Frequently Asked Bankruptcy Questions Return to Home Page

If you need assistance with a legal problem, e-mail us
at mail@tshepard.com or contact us at:

P.O. Box 19045 Huntsville, Alabama 35804

Tel:  (256) 512-9924 Fax: (256) 512-9837

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. The material appearing in this web site is for general informational purposes only and is in no way intended to constitute advertising, solicitation or legal advice. No one should act upon information contained on this web site without seeking professional counsel. Please see our Terms of Use for more details.
© 2004 Sparkman, Shepard & Morris, P.C., Attorneys at Law.  This site last modified August 10, 2004.