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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.
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 11, 12, or 13, or (2) have the entire debt forgiven
(“discharged”) under chapter 7. 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.e., “petition”),
creditors must stop all collection efforts against the 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 11 of the United States
Code (11 U.S.C. sections 101-1330).
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. 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
11, 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.
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Frequently Asked Questions
1. What happens when a bankruptcy petition
is filed?
2. What does a case number indicate?
3. Do I need an attorney to represent me
in my bankruptcy case?
4. What is a Pro Se Debtor?
5. Where can I obtain the necessary forms
for filing bankruptcy?
6. What are the filing fees for filing bankruptcy?
7. Can the Court waive the bankruptcy petition
filing fee?
8. Why do I need exact change?
9. What will happen to my case if I filed
bankruptcy before and failed to pay the entire filing fee?
10. What Chapter is right for me?
11. What must I do before
I file my case?
12. What is the difference between a Chapter
7, 13 & 11?
13. 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?
14. What services can a bankruptcy petition
preparer provide?
15. How is a debt classified as secured,
unsecured, priority, or administrative?
16. When do I receive a
discharge of my debts?
17. What debts are dischargeable?
18. How do I change or correct information
in the petition, schedules, and statements I already filed
with the Clerk’s Office?
19. What is a bankruptcy discharge?
20. How do I obtain a copy of my discharge?
21. Can a discharge be denied?
22. What is the difference between
a discharge being denied and a debt being declared non-dischargeable?
23. How do I obtain information about
a case?
24. May I review my case file?
25. Who can I call if I have a question
about a pending case?
26. Can I view records through the
Internet?
27. How do I find out who is the
trustee assigned to a case?
28. What is the role of a Trustee
assigned in a chapter 7 or 13 case?
29. What is the function of the U.
S. Trustee?
30. What is a 341(a) meeting?
31. If I file for bankruptcy, will
it stop an eviction?
32. How long does a bankruptcy filing
remain on my credit report?
33. How do I get a bankruptcy filing
removed from my credit report?
34. What can I do if I disagree with
an order entered in a case?
35. What is an adversary proceeding?
What do I need to file when filing an adversary proceeding
with the Court?
36. What can I do if a creditor keeps
trying to collect money after I have filed bankruptcy?
37. What should I do if I cannot
make my Chapter 13 payment?
38. 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?
39. A company has filed for bankruptcy
and owes us money. What do we do?
40. How do I access court dockets by computer?
41. How do I get admitted to practice
before the bankruptcy court?
42. How do I get transcripts of court
hearings?
43. How do I obtain a proof of claim
form?
44. What is a reaffirmation agreement?
45. What is a Motion?
46. How do I obtain copies or certified
copies of documents?
47. How do I get a hearing date?
48. Who do I notify about a possible
fraudulent filing?
49. May I receive notice
from the court via electronic transmission (i.e.: internet
email)?
1. 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 362 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.
2. 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: 6:12-bk-00001-KSJ,
6 indicates the office in which the case is filed (3 - Jacksonville,
6 - Orlando, 8 - Tampa, 9 - Ft. Myers); 12 is the year filed,
bk indicates a bankruptcy case (ap indicates an adversary
proceeding); 00001 is the case number assigned, 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.
3. 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.
4. 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.
5. 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.
6. What are the current filing fees for filing bankruptcy?
Filing fees can be found on the Filing Fees page or by clicking
here.
7. Can the Court waive the bankruptcy petition filing
fee?
28 U.S.C. 1930(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 150
percent of the income official poverty line applicable to
a family of the size involved and is unable to pay that
fee in installments. 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 is available by clicking here: Filing
Fee Installment form.
8. 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.
9. 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
and the Debtor tries to file another case within 180 days
of the entry of the dismissal order: (1) dismiss the case
being filed, (2) refuse to allow the Debtor to pay the filing
fee in installments for the current case, (3) make the Debtor
pay the filing fee from the previous case, or (4) take any
other action that is appropriate.
10. 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 11, 12 or
13 may be appropriate, depending on whether the 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. You
may contact The Florida Bar, Legal Aid, or the local Lawyer
Referral Service found in your local telephone directories
to obtain legal representation. You may also research the
Court’s website by clicking here: General
Information.
11. What must I do before I file my case?
Pursuant to section 109(h)(1) you must complete and obtain
a certificate from an approved non-profit credit counseling
agency during the 180-day period proceding the date of filing.
A list of approved Credit Counseling Agencies can be located
on the U.S. Trustee’s website at www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
12. What is the difference between a chapter 7,
13 and 11?
Chapter 7 – In a Chapter 7, Debtors are permitted
to retain certain “exempt” property, while the
remaining assets are liquidated by the trustee. The trustee
will distribute the funds from the liquidation to holders
of claims (creditors) in accordance with the provisions
of the Bankruptcy Code. Accordingly, potential Debtors should
realize that the filing of a petition under chapter 7 might
result in the loss of non-exempt property.
Chapter 13 – Chapter 13 is designed for individuals
with regular income to repay a portion or all of their debt
over an extended period of time. Chapter 13 may be appropriate
for Debtors who seek to retain certain assets through a
repayment plan.
Chapter 11 – Chapter 11 allows corporations,
partnerships, and certain individuals who do not qualify
under Chapter 13, to reorganize without having to liquidate
all assets. As in a Chapter 13, the Debtor (called the “debtor-in-possession”
because a trustee is not normally assigned) is required
to present a repayment plan. If the plan is accepted by
the creditors and subsequently approved (“confirmed”)
by the Court, this allows the Debtor to reorganize his/her/or
its personal, financial, or business affairs.
NOTE: For further information on these Chapters, click here:
General
Information.
13. Where can I get more information about bankruptcy
and bankruptcy procedures? Is there a place I can get free
or inexpensive legal advice before I file?
The easiest way to get free or inexpensive bankruptcy advice
is to make an appointment with a private attorney. Some
attorneys may offer a free initial consultation. Visit our
web site for a list of Lawyer Referral Services. You may
also consider contacting Legal Aid for inexpensive bankruptcy
advice. They will send you an application and schedule a
session with a bankruptcy attorney to assess your financial
situation to see if you qualify for their services, and
assist you in deciding what chapter is appropriate. Their
fee is on a sliding scale based on your income. In the Tampa
area, they can be contacted in Hillsborough County at (813)
232-1343 or (813) 752-1335, or in Pinellas County at (727)
821-0726 or (727) 443-0657; in Orlando at (407) 841-8310;
and in Jacksonville at 904-356-8371. Inexpensive help in
typing your petition and other forms is available from “bankruptcy
petition preparers.” “Paralegals” and
“typing services” are considered bankruptcy
petition preparers and not attorneys. They are not employed
or supervised by attorneys and cannot represent you in your
bankruptcy. Only a licensed attorney can give you legal
advice. Bankruptcy petition preparation services are listed
in the telephone book. Click on General Information to visit
the Court’s website for additional information about
filing bankruptcy, as well as a list of bankruptcy terms
and their meanings.
14. What services can a bankruptcy petition preparer
provide?
Services of petition preparers are limited to the typing
of forms. Petition Preparers are not authorized to practice
law and therefore cannot provide debtors with legal advice.
15. How is a debt classified as secured, unsecured, priority,
or administrative?
A secured debt is a debt that is collateralized by property.
A creditor whose debt is “secured” has a right
to foreclose or take property to satisfy a “secured
debt.” For example, a mortgage loan is likely “secured”
by a Debtor’s home. This means that the lender has
the right to foreclose upon and take the home if the Debtor
fails to make the loan payments.
An unsecured debt arises when you promise to repay someone
a sum of money at a particular time, but you have not pledged
any property as collateral for the debt.
A priority debt is a debt entitled to priority in payment,
ahead of other debts. Please refer to 11 U.S.C. §507
of the Bankruptcy Code for a listing of such priority claims.
An administrative debt is a category of priority debt. Generally,
it is created when someone provides goods or services to
your bankruptcy estate after you file your petition. An
example of an administrative debt is the fee charged by
an attorney or other authorized professional for services
rendered after the bankruptcy case has been filed.
16. When do I receive a discharge of my debts?
The Notice of the Section §341 Meeting of Creditors
reflects a date by which all complaints objecting to discharge
or dischargability of debts must be filed. If the debtor
has complied with all of the filing requirements, paid the
filing fee in full and pursuant to section 727(a) (10) completed
an instructional course concerning personal financial management,
and has filed the proper certification reflecting completion,
your discharge will be entered in due course after the expiration
of the date stated earlier.
17. What debts are dischargeable?
Generally, all debts listed on the petition are dischargeable.
However, certain types of debt listed in 11 U.S.C. §523
are not dischargeable. The non-dischargeable debts listed
in §523 include, but are not limited to:
a. Certain taxes and fines;
b. Debts arising from certain fraudulent conduct;
c. Debts not listed in your bankruptcy petition;
d. Alimony, child maintenance or support, and certain other
related debts arising out of a divorce decree or separation
agreement;
e. Debts caused by the Debtor’s willful and malicious
injury to another;
f. Government guaranteed student loans;
g. Debts caused by a death or personal injury related to
your operation of a motor vehicle while intoxicated; and
h. Post-bankruptcy condominium or cooperative owner’s
association fees.
This list includes only examples of non-dischargeable debts;
see 11 U.S.C. § 523 for a complete list. Under §
523, a creditor or party in interest may also file a complaint
to have their debt declared nondischargeable.
In a chapter 13 case, the discharge is broader under 11
U.S.C. § 1328(a).
For more information on discharges under chapters 7 &
13 click here: General
Information.
18. How do I change or correct information in the
petition, schedules, and statements I already filed with
the Clerk’s Office?
The information contained in your petition, schedules, and
statement of affairs is submitted under penalty of perjury.
Therefore, you must be certain that it is correct when you
sign these documents. If, however, you later discover that
something is inaccurate, the documents may be corrected
by the filing of an amendment with the Clerk’s Office.
New schedules or statements must be filed showing the corrected
information along with a certificate of service. A fee (click
here to view fee) must be paid when amending schedules
D, E, or F (or any list of creditors or mailing matrix).
All amendments must be served upon the United States Trustee
and case trustee, and certain amendments must be served
upon the creditors affected by the amendment. The amendment
must also contain an original signature.
19. What is a bankruptcy discharge?
It releases the Debtor from personal liability for discharged
debts. Thus, it prevents the creditors owed those debts
from taking any action against the Debtor to collect the
debts. Most, but not all, types of debts are discharged
if they existed on the date the bankruptcy case was filed
and were listed on the schedules. Some of the debts that
are not discharged are discussed in question 15. Bankruptcy
law regarding the scope of a discharge is complex, and Debtors
should consult competent legal counsel prior to filing.
20. How do I obtain a copy of my discharge?
You can obtain a copy from the Clerk’s Office by either
coming in person or sending in a written request. There
is a per page charge (click
here to view fee), plus an additional charge if you
desire a certified copy. Payment must be in the exact amount
payable either by money order or cashier’s check.
You must include a self-addressed, stamped envelope. You
may also contact the Court’s contracted photocopying
service, Judicial Research and Retrieval Service in Tampa
at (813)-228-7200, Orlando at (407) 999-7717, and Jacksonville
at (813) 228-7200. You can also obtain additional information
concerning their services by visiting Judicial
Research & Copy Service.
21. Can a discharge be denied?
Under certain circumstances, 11 U.S.C. § 727 provides
the Debtor’s discharge may be denied in a chapter
7 case. Grounds for denial exist when the Debtor: (1) failed
to keep or produce adequate books or financial records,
(2) failed to satisfactorily explain any loss of assets,
(3) committed a bankruptcy crime such as perjury, (4) failed
to obey a lawful order of the bankruptcy court, or (5) fraudulently
transferred, concealed, or destroyed property that would
have become property of the estate. Refer to § 727
for a complete list.
22. What is the difference between a discharge being
denied and a debt being declared nondischargeable?
The court can deny the Debtor’s discharge of all debts,
or determine that a particular debt or debts are nondischargeable.
If the court denies the discharge of all debts, then the
Debtor will still be legally responsible for all the debts
as if no bankruptcy petition had ever been filed. If only
certain debts are ruled nondischargeable, the Debtor will
still receive a discharge order. However, the Debtor will
remain legally responsible for those nondischargeable debts.
For a discharge to be denied, either as to a particular
debt or as to all debts, someone must file an adversary
proceeding (lawsuit) with the court. That party must then
prove one of the grounds for denial of the discharge or
for a debt to be declared nondischargeable. See Question
No. 19 (for discharge) and Question No. 15 (for dischargeability
of a particular debt). If your discharge is not withheld
or none of your debts is declared to be nondischargeable,
then all the debts listed in your petition will be discharged
upon the entry of the order granting your discharge (meaning
your personal liability for the debts will be eliminated).
23. How do I obtain information about a case?
You can visit the courthouse and view a file between the
hours of 8:30am and 4:00pm, Monday through Friday. You can
also access information for the Middle District of Florida,
toll-free at 1-866-222-8029 # 91. Information about a case
may be obtained by providing the Debtor’s social security
or tax identification number or the Debtor’s name.
The following information is available: whether a case has
been filed, when it was filed and under which chapter, the
judge assigned to the case, Debtor’s attorney and
phone number, trustee and phone number, and date and time
of the meeting of creditors required under Section 341 of
the Bankruptcy Code. For further information on the VCIS,
click here Voice
Case Information System.
NOTE: Case information may not be available
for cases filed prior to a certain date. Information for
such older cases can only be obtained through the Archive’s
Center in Atlanta, Georgia. Copies can be requested directly
from the Archive Center, but certain information will be
needed from the Court. Please contact the Clerk’s
Office where the case was filed for availability of the
file or for instructions on ordering archived information,
Tampa at (813) 301-5065, Orlando at (407) 237-8000, and
Jacksonville at (904) 301-6490.
24. May I review my case file?
Yes, files maintained by the Clerk’s Office are public
records. You may review your case, but you may not remove
original documents from the Court files nor take the files
from the Clerk’s Office. Copies of documents can be
made by the Court up to five pages (click
here to view fee). Anything over five pages must be
copied by the Court’s contract copy service. Contact
Judicial Research and Retrieval Service, Inc., in Tampa
at 813-228-7200; Orlando at (407) 999-7717; and Jacksonville
at (813) 228-7200. For further information concerning the
photocopying service, click here: Judicial
Research & Copy Service.
25. Who can I call if I have a question about a
pending case?
Call the Clerk’s Office or the case manager. Phone
numbers for all offices are available by clicking on one
of the following:
Tampa/Fort Myers phone list
Orlando
phone list
Jacksonville
phone list
26. Can I view records through the Internet?
Yes. Access to electronic court records via the Internet
or by direct dial-up modem is available by registering with
PACER. To obtain a password contact the PACER Service Center
at 1-800-676-6856 or click here Pacer
Service Center.
27. How do I find out who is the trustee assigned
to a case?
You may obtain the trustee’s name by visiting the
clerk’s offices, or through the Voice Case Information
System (VCIS). The VCIS telephone number is 1-866-222-8029.
For Chapter 11 cases, you can also call the United States
Trustee’s Offices: Tampa at (813) 228-2000; Orlando
and Jacksonville at (407) 648-6301. (If you received a “Commencement
of Case/341 Meeting Notice,” the assigned trustee,
along with other contact information, is printed on that
notice.)
28. What is the role of a Trustee assigned in a
chapter 7 or 13 case?
Under Chapter 7, an impartial trustee is appointed to administer
the case by collecting and liquidating the Debtor’s
non-exempt assets in a manner that maximizes the return
to the Debtor’s unsecured creditors.
Under Chapter 13, an impartial trustee is also appointed
to administer the case. The primary roles of the chapter
13 trustee are to determine the feasibility of a Debtor’s
repayment plan for the court and to serve as a disbursing
agent, collecting payments from Debtors and making distributions
to creditors.
29. What is the function of the U. S. Trustee?
The office of the U. S. Trustee is an agency of the Department
of Justice, with responsibilities that include monitoring
the administration of bankruptcy cases and detecting bankruptcy
fraud. It is also responsible for appointing and supervising
interim trustees to administer Chapter 7 cases, overseeing
the Debtor-in-Possession, and appointing a standing Trustee
in Chapter 13 cases.
30. What is a 341 meeting?
This meeting is referred to as the “meeting of creditors.”
All creditors are notified so that they may attend, but
their attendance is not required. Debtors have a duty to
appear and testify under oath and answer questions by creditors.
This meeting is presided over by the trustee assigned to
the case and is held approximately 40 days after the petition
is filed. Debtors are required to provide photo identification
and proof of social security number to the assigned trustee.
A Debtor’s failure to appear may result in dismissal
of the case. If a continuance or change in the hearing date
is sought, the trustee assigned to the case must be contacted.
31. If I file for bankruptcy, will it stop an eviction?
The Clerk’s Office is prohibited from providing legal
advice. Questions pertaining to how a bankruptcy filing
affects enforcement of an eviction proceeding should be
directed to a bankruptcy attorney.
32. How long does a bankruptcy filing remain on
my credit report?
A maximum of ten years under provisions of the Fair Credit
Reporting Act.
33. How do I get a bankruptcy filing removed from
my credit report?
The Bankruptcy Court has no jurisdiction over credit reporting
agencies. The Fair Credit Reporting Act, 6 U.S.C. §
605, is the law that controls credit-reporting agencies.
The law states that credit reporting agencies may not report
a bankruptcy case on a person’s credit report after
ten years from the date the bankruptcy case is filed. You
may contact the Federal Trade Commission, Bureau of Consumer
Protection, Education Division, Washington, D.C. 20580;
their phone number is (202) 326-2222. That agency can provide
further information on reestablishing credit and addressing
credit problems. You can also directly contact the credit
bureau(s) reporting the information – e.g., Equifax,
Experian, and TransUnion.
34. What can I do if I disagree with an order entered in
a case?
You can either file a motion for reconsideration of the
order or file a notice of appeal. The person filing the
notice of appeal becomes an “Appellant” and
the other party, the “Appellee.” When an appeal
is filed, the matter is referred to the United States District
Court. There is a filing fee to Docket the Appeal and a
fee for the Notice of Appeal. Click
here to view fee.
35. What is an adversary proceeding? What do I need
to file when filing an adversary proceeding with the Court?
An adversary proceeding is a lawsuit arising in or related
to a bankruptcy case. It is commenced with the filing of
an adversary proceeding cover sheet, complaint, summons,
and a filing fee, if applicable. Click
here to view fee.
36. What can I do if a creditor keeps trying to collect
money after I have filed bankruptcy?
You should immediately notify the creditor in writing that
you have filed bankruptcy, and provide them with the case
name, case number, and filing date, or a copy of the petition
that shows it was filed. If a creditor continues to attempt
to collect, the Debtor may be entitled to take legal action
against the creditor to obtain a specific order from the
court prohibiting the creditor from taking further collection
action. However, a formal motion must be filed, in accordance
with the Bankruptcy Code and applicable Rules. If the creditor
is willfully violating the automatic stay, the Court can
hold the creditor in contempt of court and fine the creditor.
Any such legal action brought against the creditor will
be complex and will normally dictate representation by a
qualified bankruptcy attorney.
37. What should I do if I cannot make my Chapter
13 payment?
If the Debtor cannot make a chapter 13 payment on time pursuant
to the terms of the confirmed plan, the Debtor should contact
the chapter 13 Trustee by phone and by letter advising the
Trustee of the problem and whether it is temporary or permanent.
If it is temporary, the Debtor should advise the Trustee
of the time and manner in which the Debtor will make up
the payments. So long as the Trustee agrees, the payments
can be made up over time. If the problem is permanent and
the Debtor is no longer able to make payments under the
plan, the Trustee will request that the case be dismissed
or converted to another chapter, or the Debtor may seek
to modify his or her plan. The determination of whether
to modify the plan or dismiss or convert a case requires
legal analysis. The Debtor should seek counsel from a qualified
bankruptcy attorney before attempting to make a decision
how to proceed in their case.
38. 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?
If you are a co-debtor with your ex-spouse on a debt, the
creditor can require the entire payment of that debt from
your share of the marital property, even though the divorce
decree assigns the debt to your ex-spouse. Depending on
the terms of your divorce decree, you may be able to have
certain support obligations determined to be nondischargeable
by the bankruptcy court or in state court. You should seek
legal advice for a thorough explanation of your rights and
obligations in this area as soon as you find out that your
ex-spouse has filed bankruptcy.
39. A company has filed for bankruptcy and owes
us money. What do we do?
If you have been listed as a creditor in a bankruptcy case
and you received a proof of claim form from the bankruptcy
court, make sure to complete the form and file it with the
court by the required date. You must attach any documentation
that supports your claim. If you wish to have a conformed
copy returned to you, please enclose an extra copy and self-addressed,
stamped envelope. If you were not listed as a creditor,
you may obtain a claim form from the bankruptcy court or
you can download a claim form by clicking on Proof
of Claim form (pdf). You may also submit a claim using
our court's Electronic
Filing of Proof of Claim Form.
NOTE: Information regarding when a claim
will be paid should be directed to the trustee assigned
to the case, whose name and telephone number can be found
on the 341 meeting notice.
40. How can I access court dockets by computer?
The PACER system allows you to access docket sheets for
bankruptcy case proceedings if you have a computer and modem.
There is a fee for accessing the PACER service via the Internet
(Web PACER). Click here
to view the fee. To register for PACER, contact the
PACER Service Center at 800-676-6856. For further information
on PACER, click here PACER.
41. How do I get admitted to practice before the
Bankruptcy Court?
An attorney must be admitted to practice before the District
Court. You may contact the United States District Court,
Middle District of Florida, on their website by clicking
here: United States District Courts or call their office:
Tampa (813) 301-5400; Orlando (407) 835-4200; and Jacksonville
(904) 549-1900. An out-of-state attorney who desires to
appear in a particular bankruptcy case is required to file
a motion for permission to appear “pro hac vice.”
For admission requirements and forms for admission to the
District Court Bar, also contact the United States District
Court.
42. How do I get transcripts of court hearings?
Official transcripts of court hearings are produced by certified
court reporters. Information on how to order transcripts
for Tampa, Orlando, and Jacksonville can be obtained by
clicking here Court
Reporters.
43. How do I obtain a proof of claim form?
Proof of claims may be submitted using our court's
eProof
of Claim link located on the Court's main webpage. You
may also download a proof of claim form now by clicking
Proof
of Claim form or you may obtain a proof of claim form
from the Bankruptcy Clerk's Office by sending a written
request with a stamped, self-addressed envelope to the Clerk’s
Office.
44. What is a reaffirmation agreement?
A reaffirmation agreement is an agreement between the Debtor
and a creditor that the Debtor will pay all or a portion
of the money owed, even though the Debtor has filed bankruptcy.
In return, the creditor promises that, as long as payments
are made, the creditor will not repossess or take back its
collateral. This means that the Debtor will remain personally
liable on that debt.
Refer to 11 U.S.C. § 524 Bankruptcy Code for detailed
information. Information is also available by clicking here
Reaffirmation
Guide.
45. What is a Motion?
A motion is a written formal document in which the party,
the movant, who is requesting an action, sets forth his
grounds for the action requested. The party against whom
the action is requested is the respondent.
46. How do I obtain copies or certified copies of
documents?
Copies may be obtained directly from the Court for a per
page fee (maximum of 5 pages at one time) as well as certified
copies for a per page fee (maximum of 5 at one time) and
a certification fee (click
here to view fees). For copy requests exceeding these
limits, customers are referred to contract copy services
vendor, Judicial
Research and Retrieval Services, Inc. A list of their
services and fees can be found by clicking here: Judicial
Research & Copy Service or by calling: Tampa (813) 228-7200;
Orlando (407) 999-7717; and Jacksonville (813) 228-7200.
(Note: Judicial Research also has staff on site in Tampa’s
intake office.)
Files that are no longer housed in our courthouse facilities
are archived at the Archive Center in Ellenwood, Georgia
to retrieve files through the mail; the requestor must include
the case name, case number, and search fee for the archived
information. Click here
to view fee.
However, there is no charge for this information to customers
who come to the Clerk’s office. The Clerk’s
office will first verify the case was filed in that particular
division. The clerk’s office will then provide the
“Request for Bankruptcy Case File” form, with
the accession number, box number, and location number. Once
you receive this information, you may contact the Archive
Center in Atlanta, Georgia, for copies. The telephone number
for the center is (404) 763-7474, fax number is (404) 763-7815,
and their website is: National
Archives Center. Please note that the Archive Center
requires a fee for this service.
47. How do I get a hearing date?
It is not necessary to contact the Court for a hearing date.
Upon receipt of properly filed documents, a hearing will
be set automatically, and proper notice of the hearing date
and time will be given to interested parties.
48. Who do I notify about a possible fraudulent filing?
The office of the United States Trustee reviews complaints
about possible fraudulent filings and, if appropriate, notifies
the U.S. Attorney for further investigation. The U.S. Trustee’s
telephone number for Tampa cases is 813-228-2000, and for
Orlando and Jacksonville cases is (407) 648-6301.
49. May I receive notice from the court via electronic
transmission (i.e.: internet e-mail)?
Only debtors filing bankruptcy without representation
(pro se) may elect to receive electronic notice by e-mail
whenever a filing is made with the Court. Please refer to
Request
(Pro Se Debtor) to Receive Electronic Notification for
additional information.
DISCLAIMER: Several links on this webpage
contain information created and maintained by other public
and private organizations. These links are provided for
the user's convenience. The United States Bankruptcy Court
for the Middle District of Florida does not control or guarantee
the accuracy, relevance, timeliness, or completeness of
this outside information nor does it control or guarantee
the on-going availability, maintenance, or security of these
Internet sites. Further, the inclusion of links is not intended
to reflect their importance or to endorse any views expressed,
or products or services offered, on these outside sites,
or the organizations sponsoring the sites.
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