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What do I do if I receive a notice of deficiency from the court?
The reasons the court issued the deficiency are outlined in the deficiency itself. If you receive a deficiency, you must refile your document correctly. If the deficiency is not corrected within seven days of issuance, the document will be stricken from the record and any costs to refile the document will apply.
How do I find information on unclaimed funds?
All information regarding unclaimed funds may be found on the court’s website here (link).
How do I withdraw unclaimed funds?
An Exparte Motion to Withdraw Unclaimed Funds may be filed with the Clerk’s office with a corresponding order submitted to chambers. The bankruptcy judge will then rule on the motion. Once the order is docketed, the financial deputy of the Clerk’s office will then issue a check to the party.
How do I file a transfer of claim?
Effective May 1, 2013, there is a $25.00 fee to file transfers of claim. All transfers of proofs of claim should be filed via the CM/ECF system. Your transfer of claim along with any supporting documents, should be scanned and submitted to the court as a pdf document. The Clerk’s office does not accept mailed or faxed transfers of claim.
The transfer of claim form and instructions may be found here.
How do I submit orders to the court?
Do I need an attorney to file bankruptcy?
Corporations, partnerships and trusts must hire an attorney to file bankruptcy. Individuals may file bankruptcy without hiring a lawyer although the court recommends that you consult an attorney because bankruptcy law can be complicated and a bankruptcy may have long term financial and other consequences. The Bankruptcy Clerk's staff cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please contact a bankruptcy attorney. If you cannot afford an attorney, please contact one of the following resources:
- Baton Rouge Bar Association - (225) 344-4803 (link)
- Southern Law Center /Southern Bankruptcy Clinic - (225) 771-3333 (Chapter 7 only).
- Southeast Louisiana Legal Services – (225) 448-0331 (Chapters 7 and 13).
Is there a fee to file a bankruptcy case?
Yes, there is a fee to file a bankruptcy case. The amount of the fee depends on the chapter of case filed. Please see our fee schedule.
What method of payment does the court require for the fees?
From debtors, the court accepts cash or money orders only.
Can the filing fee be waived?
In chapter 7 individual cases, if the debtor’s income is less than 150 percent of the official poverty line (link) and you are unable to pay the fee in installments, you may ask the court to waive the filing fees. You may file the application, Form B 103B, and file it with the Clerk’s office. This motion shall be set for hearing and the bankruptcy judge will determine if the fees may be waived.
Alternatively, an individual debtor who is unable to pay the full fee at the time of filing may, at the time of filing the case, file an application to pay the fee in installments using official Form B 103A. $100 of the fee must be paid at the time you file the case, and the remainder of the fee must be paid within 120 days of the filing of the case.
What are the differences among Chapters 7, 11 & 13?
Chapter 7: Often called "liquidation," Chapter 7 is used by individuals, partnerships, or corporations. In Chapter 7, the debtor's estate is liquidated under the rules of the Bankruptcy Code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a case trustee and the cash is distributed to creditors.
Chapter 13: . Chapter 13 permits an individual with regular income to file a plan in which the debtor agrees to pay a certain percentage of future income to the case trustee for payment to creditors.
Chapter 11: Often called "reorganization," Chapter 11 allows corporations, partnerships, and individuals to reorganize their debts, without having to liquidate all their assets. In a Chapter 11 case, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs.