Frequently Asked Questions**
**Many thanks to our friends in Region 15 and Region 16 who granted permission to reproduce portions of this fine page!
GENERAL BANKRUPTCY QUESTIONS
Q: What
is a Chapter 7 bankruptcy?
Q: What is a Chapter 13 bankruptcy?
Q: What is a Chapter 11 bankruptcy?
Q: What is the difference between the U.S. Trustee and the Trustee
assigned to a case?
Q: Do you have to have an attorney to file for bankruptcy?
Q: What
is a discharge?
Q: Where
do I go to get the forms and information on filing for bankruptcy?
Q: I need a copy of my [document].
Q: When will my case be closed/final?
Q: What's the status of a particular case?
Q: What is the balance on my Chapter 13 account?
Q: One of my creditors is not accepting my discharge. He wants
his money. Will you call him and enforce my discharge?
Q: I would like information on property for sale by the Trustee--where
can I obtain this?
Q: How
can I find out if John Doe has filed bankruptcy?
341 MEETING OF CREDITORS
Q: What
exactly is a "341 Meeting of Creditors"?
Q: Do I have to appear at the 341 meeting (asked by both debtors
and creditors)?
Q: I cannot make it to the 341 meeting on that day and at that
time. What do I do?
Q: Where do I go for my Chapter 7 or 11 341 meeting?
Q: How do I get to your office or to the 341 Hearing Room from
where I live?
Q: What about parking? Do you validate if we park in the building?
Q: Is the building/meeting room accessible for people with
disabilities?
Q: How do I confirm a 341 meeting date and time?
Q: Can I bring my children to the 341 meeting?
Q: Our attorney is tied up at another hearing.
Q: What
if I am going to be late (stuck in traffic, car problems, etc.)--do I still
need to come to the 341 meeting?
GENERAL BANKRUPTCY QUESTIONS
Q: What is a Chapter 7 bankruptcy?
A: Chapter 7 is the Bankruptcy Code's liquidation chapter. It is sometimes referred to as "straight bankruptcy". A Chapter 7 trustee is appointed to take over your property. Any property of value will be sold or turned into money to pay your creditors. Depending on the law of the State in which you file, you may be able to keep some of your personal and real property. If you have the ability to repay your debts, after taking into account reasonable and necessary living expenses, you may not qualify for relief under this chapter.
Q:
What is a Chapter 13 bankruptcy?
A: Chapter 13 is frequently referred to as the "wage
earner" chapter. Only an individual with regular income that owes, on the
date of the filing of the petition, noncontingent, liquidated, unsecured debts
of less than $269,250 and noncontingent, liquidated, secured debts of less than
$807,750, or an individual with regular income and such individual's spouse,
except a stockbroker or a commodity broker, that owe, on the date of the filing
of the petition, noncontingent, liquidated, unsecured debts that aggregate less
than $269,250 and noncontingent, liquidated, secured debts of less than $807,750
may be a debtor under Chapter 13. Under Chapter 13 you repay your debts (or
a portion thereof) through a repayment plan. You can usually keep your property,
but you must earn wages or have some other source of regular income to be a
debtor under this chapter. The Court must approve your repayment plan and budget.
A Chapter 13 trustee is appointed, and will collect the payments from you. The
trustee, in turn, will pay your creditors and monitor your compliance with the
terms of your repayment plan. After completion of all payments under your plan,
you will receive your discharge.
Q:
What is a Chapter 11 bankruptcy? Top of Page
A: A chapter 11 bankruptcy allows businesses and individuals to reorganize their
financial affairs by making payments to creditors through a plan of reorganization.
Q:
What is the difference between the U.S. Trustee and the Trustee assigned to
a case?
A: The United States Trustee's Office is part of the Department of Justice,
which oversees all bankruptcy cases. A Trustee is a private individual appointed
by the United States Trustee to supervise and administer a particular case.
Q:
Do you have to have an attorney to file for bankruptcy?
A: If you are filing as an INDIVIDUAL, you may file your own case. However,
if you are filing as a CORPORATION or PARTNERSHIP you must file through an attorney.
Q:
What is a discharge? Top of Page
A: A discharge is a Court Order that says you do not have to pay certain of
your debts. Creditors cannot force you to pay any debts which have been discharged.
However, there are many exceptions. For example, in Chapter 7 a discharge does
not excuse payment of most tax debts, child support obligations, alimony, student
loans, court-ordered fines and restitution, and debts created by fraud or drunk
driving among others. In addition, your discharge may be denied entirely if
you conceal property, destroy, falsify, or conceal records or make a false oath.
A creditor may still attempt to repossess collateral that secures payment of
the debt. Please consult an attorney to find out which debts are dischargeable
for your individual situation.
Q:
Where do I go to get the forms and information on filing for bankruptcy?
A: From your local Bankruptcy Court or your Attorney.
Q:
I need a copy of my [document].
A: Please contact your local Bankruptcy Court.
Q:
When will my case be closed/final? Top
of Page
A: You should speak to your attorney regarding the closing of your case.
Generally, a chapter 7 no-asset case will be closed approximately 60-90 days
after the 341 Meeting of Creditors, and a chapter 7 asset case will be closed
approximately 90-120 days after a Final Report is filed and after all assets
have been administered. Generally, a chapter 11 case will be closed after a
Final Decree is entered. Generally, a chapter 13 case will be closed approximately
60-90 days after the Final Report is filed. (Chapter 13 cases last from 36 to
60 months before closing begins).
Q:
What's the status of a particular case?
A: Please contact your local Bankruptcy Court.
Q:
What is the balance on my Chapter 13 account?
A: Please contact your chapter 13 trustee.
Q:
One of my creditors is not accepting my discharge. He wants his money. Will
you call him and enforce my discharge? Top of Page
A: No, please contact your attorney. If you do not have an attorney, then you
need to consider seeking legal advice. Sending your creditor a copy of your
discharge with a copy of the page of the schedules listing that creditor might
solve the problem.
Q:
I would like information on property for sale by the Trustee--where can I obtain
this?
A: Please go to your location's Trustee list on this site and contact him/her
directly.
Q:
How can I find out if John Doe has filed bankruptcy?
A: Please call your local Bankruptcy Court.
341 MEETING OF CREDITORS
Q:
What exactly is a "341 Meeting of Creditors"?
A: An 11 U.S.C. 341(a) Meeting of Creditors (aka 341 meeting), provides a forum
for creditors and parties-in-interest to ask the debtor questions under oath
about the debtor's financial affairs.
Q:
Do I have to appear at the 341 meeting (asked by both debtors and creditors)?
A: Debtors MUST appear at the meeting; creditors may appear, but it's not mandatory.
Q:
I cannot make it to the 341 meeting on that day and at that time. What do I
do? Top of Page
A: Debtors must appear at the meeting or their case may be dismissed.
Q: Where do I go for my Chapter 7 or 11 341 meeting?
A: Please call your local district office.
Q:
How do I get to your office or to the 341 Hearing Room from where I live?
A: A good way to navigate is to use a directions/mapping service such as www.mapquest.com
Q:
What about parking? Do you validate if we park in the building? Top
of Page
A: Parking is not validated in ANY of the hearing room locations.
Q:
Is the building/meeting room accessible for people with disabilities?
A: Yes, all Region 12locations conform to accessibility codes.
Q:
How do I confirm a 341 meeting date and time?
A: Check your Notice of Meeting of Creditors to confirm the date and time. If
you do not have your notice, please call your attorney. If you don't have an
attorney, please call the court.
Q:
Can I bring my children to the 341 meeting? Top of Page
A: We prefer that children not attend as waiting room space is limited. However,
if they are quiet and well-behaved, they are permitted.
Q:
Our attorney is tied up at another hearing.
A: If your attorney is not present at the time your 341 meeting is called, please
let the trustee know you are present and that your attorney is not. Generally,
the trustee will then "trail" your meeting until the end of that hour's
calendar. If your attorney is not present when your case is called again, please
present yourself to the trustee, and follow his or her instructions. Generally,
if you are represented by counsel, your attorney must be present while you are
examined by the trustee. If your attorney is not present for a court hearing,
let the Judge know you are present when your case is called, and follow the
Judge's instructions on what to do next.
Q:
What if I am going to be late (stuck in traffic, car problems, etc.)--do I still
need to come to the 341 meeting?
A: Yes, attendance at the 341 meeting is mandatory.
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What to do if your identity has been stolen
Fraud Links*
Identity Theft Information and Resources
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Region
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Last updated:
May 13, 2005
U.S. Trustee Program/Deptartment of Justice
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