Frequently Asked Questions | U. S. Bankruptcy Court Middle District of Florida. Most debtors who file bankruptcy, and many of their creditors, know very little about the bankruptcy process. The following is designed to assist the general public by providing basic answers to some of the most commonly asked questions. For additional information, please view the Court's General Information.
Effective December 1, 2015, this form and it's exhibits is replaced by: B 101 for indvidual debtors (including married debtors), B 201 for nonindividual debtors, or B. Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court. You will find that every PDF form on the bankruptcy court website is fillable; which means that you can open up the document, click on a line and begin typing in the.
What is Bankruptcy? Bankruptcy is a legal process which allows a person (a "Debtor"), who owes more money than he or she can currently repay, to either (1) repay a portion of the money over time under Chapter 1. Under chapter 7, a Debtor may be required to surrender assets to a trustee. Bankruptcy is also available to businesses, corporations, and partnerships. Even municipal governments can file bankruptcy (under Chapter 9).
After a Debtor has filed a case (i. Debtor for a period of time, unless they get permission from the bankruptcy court to continue. This protection from collection efforts is referred to as the "automatic stay."The Bankruptcy Code and Federal Rules of Bankruptcy Procedure determine which chapter one is eligible to file, which debts can be eliminated, how long repayment must continue, which possessions can be kept, etc. A Debtor must abide by these federal laws and rules. What is the Bankruptcy Code? The Bankruptcy Code refers to Title 1. United States Code (1.
U. S. C. sections 1. What does the Clerk's Office do? The Clerk's Office provides clerical and administrative support to the court by processing filed legal documents, maintaining case- related papers, collecting authorized fees, sending notices, entering judgments and orders on the docket, informing parties of scheduled hearings, and handling inquires from attorneys and the general public.! DISCLAIMER ! While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority.
What does Pre-petition vs. Post-petition debt mean in a Bankruptcy? Pre-petition debt is all debt that you have incurred prior to your bankruptcy case being filed. Bankruptcy in the United States is governed under the United States Constitution (Article 1, Section 8, Clause 4) which authorizes Congress to enact 'uniform Laws on. Student loans are difficult, but not impossible. to discharge in bankruptcy. Borrowers must prove 'undue hardship' to discharge student loans in bankruptcy.
- This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.
- GENERAL COMPARISON OF CHAPTER 7 AND CHAPTER 13 BANKRUPTCY Chapter 7 Chapter 13 Straight Bankruptcy Liquidation Payment Plan for People with Regular.
- BK Packet is a software program developed by bankruptcy attorneys to help make the process of collecting information about consumers property and other assets, debt.
- Most debtors who file bankruptcy, and many of their creditors, know very little about the bankruptcy process. The following is designed to assist the general public.
It is highly recommended that legal advice be obtained from a bankruptcy attorney or legal association. For filing requirements, please refer to the United States Bankruptcy Code (Title 1. United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules of the U. S. Bankruptcy Court for the Middle District of Florida.
Frequently Asked Questions. What happens when a bankruptcy petition is filed? What does a case number indicate? Do I need an attorney to represent me in my bankruptcy case? What is a Pro Se Debtor? Where can I obtain the necessary forms for filing bankruptcy?
What are the filing fees for filing bankruptcy? Can the Court waive the bankruptcy petition filing fee? Why do I need exact change? What will happen to my case if I filed bankruptcy before and failed to pay the entire filing fee?
What Chapter is right for me? What must I do before I file my case? What is the difference between a Chapter 7, 1. Where can I get more information about bankruptcy and bankruptcy procedures?
Is there any place I can get free or inexpensive legal advice before I file? What services can a bankruptcy petition preparer provide? How is a debt classified as secured, unsecured, priority, or administrative? When do I receive a discharge of my debts? What debts are dischargeable? How do I change or correct information in the petition, schedules, and statements I already filed with the Clerk's Office? What is a bankruptcy discharge?
How do I obtain a copy of my discharge? Can a discharge be denied? What is the difference between a discharge being denied and a debt being declared non- dischargeable? How do I obtain information about a case? May I review my case file?
Who can I call if I have a question about a pending case? Can I view records through the Internet? How do I find out who is the trustee assigned to a case?
What is the role of a Trustee assigned in a chapter 7 or 1. What is the function of the U. S. Trustee? 3. 0. What is a 3. 41(a) meeting? If I file for bankruptcy, will it stop an eviction? How long does a bankruptcy filing remain on my credit report?
How do I get a bankruptcy filing removed from my credit report? What can I do if I disagree with an order entered in a case? What is an adversary proceeding? What do I need to file when filing an adversary proceeding with the Court? What can I do if a creditor keeps trying to collect money after I have filed bankruptcy? What should I do if I cannot make my Chapter 1.
My ex- spouse has filed bankruptcy. He/she has listed me as a co- signer on a scheduled debt. What can I do? Does my divorce decree protect me? A company has filed for bankruptcy and owes us money. What do we do? 4. How do I access court dockets by computer? How do I get admitted to practice before the bankruptcy court?
How do I get transcripts of court hearings? How do I obtain a proof of claim form? What is a reaffirmation agreement? What is a Motion?
How do I obtain copies or certified copies of documents? How do I get a hearing date?
Who do I notify about a possible fraudulent filing? May I receive notice from the court via electronic transmission (i. What happens when a bankruptcy petition is filed? The commencement of a bankruptcy case creates an "estate." The estate technically becomes the temporary legal owner of all of the Debtor's property.
The estate consists of all legal or equitable interests of the Debtor in property as of the date the case is filed, including property owned or held by another person if the Debtor has an interest in the property. Section 3. 62 of the Bankruptcy Code governs the applicability of the "automatic stay" to the facts and circumstances of your bankruptcy case. If it applies, it prohibits creditors from taking collection action against the Debtor or the Debtor's property without Bankruptcy Court approval. The Court issues a notice of commencement advising all interested parties of the filing of the bankruptcy case. This notice provides the case number, trustee, date of the meeting of creditors, deadline to file a proof of claim (if applicable), and deadline to file an objection to the discharge (if applicable). More information can be obtained by clicking here: General Information.
Local libraries may also have bankruptcy reference material. Further information about the federal judiciary may also be found by clicking here: United States Courts website. What does a case number indicate? A case number indicates the office location of the court, the year the case was filed, the type of case, the number assigned to the case and the assigned judge.
Example: 6: 1. 2- bk- 0. KSJ, 6 indicates the office in which the case is filed (3 - Jacksonville, 6 - Orlando, 8 - Tampa, 9 - Ft.
Myers); 1. 2 is the year filed, bk indicates a bankruptcy case (ap indicates an adversary proceeding); 0. KSJ stands for Chief Judge Karen S. Jennemann. For a complete list of judges presiding over bankruptcy cases in the Middle District of Florida click here: Bankruptcy Judges.
Do I need an attorney to represent me in my bankruptcy case? Each Debtor filing an individual bankruptcy has a right to represent him or herself (Pro Se Debtor); however, the use of an attorney is recommended. Ignorance of the law may cost an individual far more than an attorney's fee. By law, a Corporation is required to have an attorney. Note: Individuals who choose to represent themselves will not be able to obtain legal advice from court personnel or from the trustee appointed to their case. What is a Pro Se Debtor?
A Pro Se Debtor is one who files bankruptcy without an attorney. A Pro Se Debtor is responsible for all proceedings of his/her case. Failure to comply with the Bankruptcy Code and Rules or with court orders may cause dismissal of the Debtor's case. It is recommended that all Debtors seek legal advice before filing bankruptcy. Where can I obtain the necessary forms for filing bankruptcy?
The Court cannot supply forms. Forms are available from office supply stores or legal stationery stores. Forms are also available for printing by clicking here: Official Bankruptcy forms. What are the current filing fees for filing bankruptcy? Filing fees can be found on the Filing Fees page or by clicking here. Can the Court waive the bankruptcy petition filing fee? U. S. C. 1. 93. 0(f)(1) provides that the court may waive filing fee in a case under Chapter 7 for an individual if the Court determines that such individual has income less than 1.
The Bankruptcy Rules do provide for individuals to pay the filing fee in installments. To pay the fee in installments, you must submit an application, and the application must be approved by the Court. This form named B1. A, is available from the US Courts National Forms by clicking here: Filing Fee Installment form.
Why do I need exact change? The policies of the Administrative Office of the U. S. Courts do not allow the Clerk's Office to provide change. What will happen to my case if I filed bankruptcy in the past and failed to pay the entire filing fee? A Bankruptcy Judge may take any of the following steps when the entire filing fee has not been paid in a prior case: (1) dismiss the case being filed, (2) refuse to allow the Debtor to pay the filing fee in installments for the current case, (3) order the Debtor to pay the filing fee from the previous case, or (4) take any other action that is appropriate. What chapter is right for me?
Your decision whether to file bankruptcy and under which chapter to file depends on your particular circumstances. In general, Chapter 7 is appropriate when the Debtor has insufficient income to pay a portion of his/her debts, and the Debtor is not seeking to keep non- exempt property. Otherwise, if the Debtor has an income or property and can afford to repay at least some of his/her debts, Chapter 1. Debtor is an individual, partnership, corporation, or family farmer.
The decision whether to file a bankruptcy case and under which chapter is an extremely important decision and has tremendous financial impact. Consequently, this decision may require expert advice from a bankruptcy attorney.