FAQs

  • What do I do if I forgot to include a creditor in my bankruptcy schedules?

    A debtor may add creditors to their case for a fee of $30. A list of creditors with the new creditors only must be filed at the Clerk of Court’s office along with the filing fee.  The debtor is responsible for noticing the new creditors of the filing of the bankruptcy case and for filing a certificate of service.   

  • What do I do if I disagree with an order entered in the case?

    A motion to reconsider along with a notice setting hearing and a proposed order may be filed at the Clerk’s Office.  At the hearing, the debtor will ask the bankruptcy judge to reconsider his order.

  • Can I fax documents to the court?

    The Bankruptcy Court does not accept faxed documents.

  • My case was dismissed. Can I file a new bankruptcy case?

    The U. S. Courts website provides information that may assist you in determining when you might be eligible to file another bankruptcy. Please review the material at the following link under the heading "Can a debtor receive a second discharge in a later Chapter 7 case:"

    www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/DischargeInBankruptcy.aspx

  • I filed a bankruptcy case in the past. When can I file another case?

    The U. S. Courts website provides information that may assist you in determining when you might be eligible to file another bankruptcy. Please review the material at the following link under the heading "Can a debtor receive a second discharge in a later Chapter 7 case:"

    www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/DischargeInBankruptcy.aspx

  • How long does a bankruptcy stay on my credit report?

    On average, bankruptcies remain on an individuals’ credit reports for seven to ten years. The Bankruptcy Court has no influence on the type of information the credit bureaus report nor on how long they keep that information in their records. If there is a question regarding your credit report, you should contact the credit agency directly.

  • What can I do to remove a lien or judgment against my property?

    A bankruptcy discharge will remove most unsecured debts, but does not remove liens which may exist against your property. Certain types of liens, such as judgment liens, may be set aside under certain circumstances based on provisions contained in the Bankruptcy Code. In order to seek to remove an eligible lien, you must file a Motion to Avoid Lien along with a Notice of Hearing and Certificates of Service with the court, stating the factual and legal basis supporting your motion. You must serve a copy of the motion on the creditor whose lien you are attempting to set aside as well as on the case trustee. A court order granting the motion is required to have it removed. Advice of counsel for actions to avoid liens is highly recommended.

  • What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?

     After you file your bankruptcy petition with the court,  the Clerk's office will send a written notice of your bankruptcy filing to all of your creditors at the addresses you list on your creditor mailing list. Although this notice goes out within one to two days of case filing, it may take up to a week or longer for creditors to receive this notice because of mail time. If a creditor calls after you have filed your petition,  tell them you have filed for bankruptcy, give them the case number and the district in which you filed, and indicate that they will receive notice of this in the mail. If the creditor was not one listed on your mailing list, you should amend your bankruptcy schedules with the Clerk's office so that future notices about your bankruptcy can be sent to that creditor. Adding a creditor requires a fee.
    Once a creditor receives notice of your bankruptcy filing, they may not attempt collection of a debt from you unless they follow certain actions, such as obtaining relief from stay, allowed by the court. If a creditor continues to try to collect a debt from you after being notified of your bankruptcy, you should contact an attorney immediately for advice.

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