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Debtors

How do I add a creditor to my petition that has already been filed?

How do I add a creditor to my petition that has already been filed?

You must file a Notice of Amendment to Schedules, Amended Schedule D, E/F along with a verification of the amended schedule D, E, or F, an amended matrix and verification of amended matrix along with the current filing fee. The debtor is responsible for serving the Notice and Amendment(s) on the new creditor(s). For more information, see Local Rule 1009.

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What is a trustee?

What is a trustee?

A trustee is a person who works with the court to administer bankruptcy cases. The trustee does not represent the debtor or any individual creditor and cannot give legal advice. Rather, the trustee has independent rights and duties that are set forth in the Bankruptcy Code sections 323, 327, 341, 343, 345, 363, 364, 365, 704 (chapter 7 cases) and 1302 (chapter 13 cases). In a chapter 7 case, the trustee may take possession of the debtor's assets, sell them, and distribute the proceeds to creditors. In a chapter 13 case, the trustee administers the debtor's plan of payment, collects the funds, and pays the creditors. The trustee will also oversee the first meeting of creditors.

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What is a Meeting of Creditors? Do I have to attend?

What is a Meeting of Creditors? Do I have to attend?

The first meeting of creditors is required under Section 341 of the Bankruptcy Code and the debtor is required to attend at the date and time and at the phone location listed on the 341 meeting notice.  The purpose of the meeting is to enable the appointed trustee to examine the debtor under oath regarding the information that has been filed with the Court.  The trustee or a creditor may inquire about the debtor's financial status, conduct and financial affairs, and any other matters that are relevant to the administration of the debtor's estate, including factors which bear on an individual debtor's right to a discharge or to the dischargeability of any particular obligation, or the debtor's claimed exemptions.  If a creditor wishes to do an in-depth examination, he or she should request a Rule 2004 examination from the Court.   Failure of the debtor to attend this meeting may result in dismissal of the bankruptcy case.  Individual debtors must provide picture identification and proof of social security number to the trustee to whom the case is assigned at the meeting of creditors.  The trustee may also request additional information pertaining to your case. Failure to provide information to the trustee may result in your case being dismissed. 

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How long does it take for creditors to receive notice of my bankruptcy?

How long does it take for creditors to receive notice of my bankruptcy?

You and your creditors will receive a notice of the first meeting of creditors by mail within 3-5 days from the date of filing a new case as long as the list of creditors is filed with the case. If there is an urgent need to notify a creditor to stop a foreclosure or a garnishment, for example, you may need to notify the creditor of the bankruptcy filing yourself.

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Can I have my filing fee waived?

Can I have my filing fee waived?

If you are filing a chapter 7 bankruptcy and your income is below 150% of the federal poverty guidelines, you may be able to have your filing fee waived by the court.  You must file an application to waive the filing fee and provide all information required by the federal form (AO B3B) which can be obtained at www.uscourts.gov/bkforms. There is no waiver of the filing fee for Chapter 11, 12 or 13.

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Can I pay my filing fee in installments?

Can I pay my filing fee in installments?

Yes, if you are an individual, Bankruptcy Rule 1006 allows the debtor the right to apply for permission to pay the filing fee in installments.  The debtor must complete and sign the Application to Pay Filing Fees in Installments.  The application must state the proposed terms of the installment payments.  The entire filing fee must be paid within 120 days of the filing of the petition in four or fewer installment payments.  Failure to pay filing fee installments on time may result in dismissal of your case.  If your case is dismissed before all the installment payments have been paid, you are required to pay these fees that are due and owing to the Court. If installment filing fees were not paid, subsequent bankruptcy cases will not be approved to be paid in installments.

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What is a matrix?

What is a matrix?

A matrix is a list of all creditors in a bankruptcy case, including the names and addresses of each creditor.  The list is used for electronic noticing required during the course of your bankruptcy case.  The matrix should be submitted at the time of the filing of your case and should be typed using the proper format as listed on the instructions page. More instructions are provided in the Appendix to the Local Rules.

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