Frequently Asked Questions

Bankruptcy Court - Bankruptcy Cases

Will filing bankruptcy stop my wages from being garnished?
Yes, once you file bankruptcy, you are under protection of the court from most creditors. You should immediately notify the garnishing creditor and sheriff that you have filed a bankruptcy petition.

Is my bankruptcy case public information?
Yes, bankruptcies are considered public record. Anyone may call the court and verify if you have filed bankruptcy or come into our offices and review the file. Beginning with cases and documents filed March 1, 2001, bankruptcy cases are accessible via the Internet for persons with a login and password at ecf.mowb.uscourts.gov.

How long will my bankruptcy show on my credit record?
A completed bankruptcy may show on your record from 7 to 10 years depending on the reporting credit agency

Should I file bankruptcy?
Whether or not you should file bankruptcy depends on your particular circumstances. It may be that after consultation with an accountant and attorney, you resolve your financial difficulties through other means. In some cases, declaring bankruptcy may be necessary. The decision to file for bankruptcy is a serious one.

Do I need to have an attorney?
If you are an individual filing bankruptcy, you may represent yourself. If your business is filing bankruptcy, you must have an attorney. If you are a creditor in a bankruptcy, you may represent yourself. However, the bankruptcy court is unable to provide any legal advice.

Where can I get the forms to file bankruptcy?
Forms can be purchased in some legal stationery stores or business supply stores. Check your local area yellow pages. Forms can also be downloaded from www.uscourts.gov. If you plan to file bankruptcy, you should familiarize yourself with this courts Local Rules and with locally required forms that are not part of the official national forms. See the Local Rules for a list of required forms by chapter.

What documents (minimum) are required to get a case number?
See the Local Rules for minimum requirements.

How can I get copies of my bankruptcy?
Link to photocopy information

What do I need to file an adversary complaint?
For electronic filers: Adversary complaint filed in ECF and a prepared adversary summons in a word processing format sent to the assigned courtroom deputy as an e-mail attachment. For attorney filers without Internet access: an adversary complaint in Portable Document Format on a diskette, a prepared adversary summons in a word processing format on a diskette, a check for the adversary filing fee of $150.00, if applicable, and an Affidavit and Request to File. For pro se filers: an original, signed paper copy of the complaint, an adversary summons and the $150.00 filing fee, if applicable.

How can I file before or after hours?
There is a drop box in the Courthouse lobby. Documents or cases may be placed in the drop box until 6:00 PM and will be deemed filed that day. Attorney filers without Internet access must file documents in Portable Document Format on a diskette accompanied by an Affidavit and Request to File.

Can I FAX file?
Documents may be filed by FAX only if the permission of the judge is obtained in advance. See, Local Rule 5005-1 C Filing Papers - Requirements/ Filing by Facsimile Transmission. See also, for emergency quick files, Local Rule 1002-2.

How do I know which judge is assigned to my case?
From the initials which appear at the end of the case number. FWK = Bankruptcy Judge Frank W. Koger; ABF = Chief Bankruptcy Judge Arthur B. Federman; and JWV = Bankruptcy Judge Jerry W. Venters

How do I find information on individual judges' policies and procedures?
Contact the judge's courtroom deputy.

How many copies of a pleading do I need to file?
If you are filing a new case in paper format, provide the original, plus 3 copies. If you are filing a document or claim that would include attachments, substitute the Summary of Attachments and Certificate of Service form. See the Court's Administrative Procedures Manual.

What forms of payment are accepted?
The Western District of Missouri accepts cash, personal check, cashier's check or money order payable to the Clerk, U.S. Bankruptcy Court. Credit cards accepted include VISA, MasterCard, Discover and American Express. We do not accept two-party checks or personal checks from the debtor in bankruptcy.

I have a judgment in another district and want to file the judgment in the Western District of Missouri. What do I need?
A certified copy of the judgment from the originating District Court (28 U.S.C. § 1963); and, a filing fee of $20.00 made payable to the Clerk, United States District Court. The case will be filed with the District Court, not the Bankruptcy Court. Find out more about photocopies.

I am from outside the District. How do I take a deposition or arrange for the production of documents in a case not originally filed in the Western District of Missouri?
The 1991 amendment to Federal Rule of Civil Procedure 45 revised the procedures concerning subpoenas in several respects. It is no longer necessary that completed subpoenas be issued by the Clerk's Office or issued under the seal of the Court. Instead, the rule gives attorneys the authority to sign and issue subpoenas as officers of the Court. [See Fed.R.Civ.P.45(a)(D)(3)] Note: Parties who are not officers of the Court must have the Clerk's Office sign the subpoena for them.

Who can serve a subpoena?
Any disinterested party over the age of 18.[Fed.R.Civ.P.45 (b)(1).

Who can serve a summons?
A. Any person who is not a party and who is over 18 years of age )[Fed.R.Civ.P.4(c]; The US Marshal (1) in cases brought on behalf of the United States; (2) when ordered by the Court in forma pauperis actions (28 U.S.C. § 1915); (3) in actions brought on behalf of seamen (28 U.S.C. § 1916); and (4) in any other action in which the Court so directs; Service may also be accomplished pursuant to the law of the state in which the district court is located (see I.R.C.P 4).

Can I file pleadings or documents at any Western District of Missouri Clerk's office?
All Bankruptcy filing is done electronically for registered participants in ECF, by diskette with documents or cases in Portable Document Format, or in person or by mail in Kansas City for pro se filers. If an emergency exists, cases may be filed in the Springfield and Jefferson City District Court Clerk's office if prior approval is obtained from the Bankruptcy Clerk's office in Kansas City. See Local Rules.