**Attention Debtors! Most debtors must complete a Financial Management Course
PRIOR to receiving a discharge**
Attending Court Proceedings
After you file, you will be required to attend the 341 Meeting of Creditors, confirmation hearings regarding Chapter 13 plans, and a hearing prior to entering into a Reaffirmation Agreement (if applicable). The Court will send you a notice containing the date, time, and location of the 341 Meeting of Creditors. If a continuance or change in the hearing date, time, or location is needed, you must contact the trustee assigned to the case. More detailed information on the 341 Meeting of Creditors can be found in the Bankruptcy Basics Video Series - "See Part 5 Video".
It is advisable that you attend
all hearings on your case. If you cannot
attend, please notify the Court as soon as possible (in writing). To prepare for attendance,
please review the following guidance concerning Courtroom Decorum.
If you need to add creditors to your case, an amendment to any necessary schedules and the mailing list or matrix must be signed and filed with the Clerk’s Office at the location where your case is being administered. If the petition is filed by a husband and wife jointly, both must sign the amendment. You are responsible for giving notice to the added creditors (i.e., sending copies of pleadings), the United States Trustee, and the trustee assigned to your case. You are also responsible for filing a Certificate of Service with the Clerk’s Office.
Additional information is available in the Local Rules concerning Amended Schedules adding additional Creditors.
Check the Filing Fee Schedules for information on the fees required for filing amended papers.
Motion to Avoid Lien that Impairs Exemption
A Motion to Avoid Lien that Impairs Exemption is filed by a debtor seeking to avoid a lien which is held by a creditor on property which the debtor is claiming as exempt property. The motion is governed by 11 U.S.C. § 522(f) and Local Bankruptcy Rule 4003-2 and requires no filing fee.
Communications with the Court
If you are having a problem with any of your creditors after the filing of your bankruptcy, it is NOT possible to communicate in person or by phone with the Bankruptcy Judge. If you need to seek any relief from the Court, you must file a written motion specifying the relief you seek. The matter will then be set for hearing before the Judge. The Clerk’s Office cannot assist you with any problems or disputes you might have with any of your creditors or act on your behalf in that regard.
Filing an Adversary
Please note that debtors should maintain a current statement of address and phone number with the Clerk’s Office. A change of address should be sent to the court in a written statement giving both the old and new addresses.
Most debtors who file a bankruptcy petition, and many of their creditors, know very little about the bankruptcy process. Bankruptcy Basics is designed to provide debtors, creditors, judiciary employees, and the general public with a basic explanation of bankruptcy and how it works. This glossary on bankruptcy terminology explains, in simple terms, many of the legal terms that are used in cases filed under the Bankruptcy Code.