tabAbout BankruptcyAbout Bankruptcy: Can I file for bankruptcy without an attorney? Individuals may file for bankruptcy “pro se” or without an attorney. However, filing for bankruptcy can result in serious financial consequences. It is strongly advised that you consult with an attorney before filing. Are there any free attorney services to help me file for bankruptcy? There are organizations that provide free legal assistance to file for chapter 7. Organizations do not typically assist with chapter 13 filings. They are extremely involved and require the debtor to have funds to pay their debts back. However, there are some terrific local organizations They can assist with the required paperwork and provide legal advice regarding your situation. >>>Learn more What chapter should I file? Court staff cannot give legal advice and therefore cannot tell you what chapter of bankruptcy you should file or even whether filing for bankruptcy is the right thing for you to do. We suggest that you consult with an attorney. However, if you need to make this decision on your own, you should learn as much as you can about bankruptcy: about the pros, the cons, and about the different chapters. You should make an informed decision based on your goals are, what kind of debt you have, your income, assets you own, and many other important factors. >>>Learn more I filed chapter 7 many years ago and now have more debt. Can I get another discharge? You can obtain another discharge in chapter 7 if your new case is filed 8 years after you filed the case that you received your prior discharge in. If you file a chapter 7 case before the 8-year period is up, it will ultimately be dismissed without discharging debt. Is my house or other property at risk if I file for chapter 7? The law allows you to protect certain assets from being liquidated by the chapter 7 trustee. These protected assets are called “exempt assets” and must be listed on the bankruptcy form called Schedule C to be considered exempt. In New York, you can protect assets using either the exemptions offered under federal law, or the ones offered under New York State Law. An “asset” is not always as obvious as a car or a house. It can be anything that has value. If you have assets, or you are unsure of whether something is an asset, you should consult with an attorney to be sure they are not at risk in a chapter 7. What is the automatic stay? Filing for bankruptcy creates a protection over the debtor called an “automatic stay.” Sometimes, usually because of prior bankruptcies, the stay will not be effective upon filing or may be limited. The automatic stay prevents most acts of collection, but not all. The bankruptcy code lists acts that are not covered by the stay. What is the difference between discharged and dismissed? Debts that are discharged in bankruptcy are wiped away. Not all debts are dischargeable. A case that has been dismissed is one that is no longer active. If your case was dismissed, you are no longer a debtor in bankruptcy and your case was not completed. Return to Pro Se Homepage Filing QuestionsFiling Questions: Can I file quickly if I have an emergency? If you have an emergency and need to file a bankruptcy immediately, you may file what is referred to as a skeletal petition. It is a small fraction of the documents that need to be filed. However, the remainder of the documents must be in within 45 days or the case will automatically be dismissed on the 46th day. After I file an emergency bankruptcy, where do I need to file the rest of the documents? All documents need to be filed with the court. You can file online, by mail to the appropriate courthouse, or by dropping them in the drop box at the courthouse during regular business hours. Sending bankruptcy forms to the Trustee does not mean that they are filed. My debts were sold to collection agencies, do I need to include them on my mailing matrix? The mailing matrix is a typed list of the names and addresses of your creditors. The court uses this list as its mailing list to send notice of your bankruptcy. It is important that all addresses are current. Collection agencies can go on the matrix along with the original creditors, so all collectors have notice of your filing. However, do not list the debt twice on the creditor schedules. When do I need to get the required credit counseling? Credit counseling must be completed within 180 days before filing for bankruptcy. The certificate of completion must be filed with the petition unless there is an emergency preventing you from getting it. If that is the case, you must include this form and explain the nature of the emergency. Return to Pro Se Homepage After FilingAfter Filing: Can I correct and change information on my bankruptcy papers? You may amend your schedules and required documents. At the top of most forms there is a checkbox to indicate it is an amended form. Fees may apply to some amendments. Local Rules may also require you to serve parties for some amendments to make the amendments valid. Is the Trustee in my case there to assist me in my case? This is a very common belief, but not accurate. The role of the trustee is to examine the debtor, review the debtor’s schedules, and determine whether there are any non-exempt assets that can be sold to pay creditors. The trustee has broad powers to investigate whether such assets exist and to locate assets that may have been transferred to defraud creditors. What is the 341 meeting of creditors (also known as the trustee meeting)? The 341 meeting of creditors takes place at the courthouse about 30 days after you file. Every individual debtor must attend for their bankruptcy case to proceed. It is where the trustee examines you under oath about your finances, your assets, and the responses you gave in your paperwork. Creditors have the option of attending, but it is not mandatory. Who do I make my chapter 13 plan payments to? Chapter 13 debtors must start making plan payments to the trustee within 30 days after filing the case, even if the plan has not yet been approved. Payments are usually made on a monthly basis. What can I do if creditors are still calling me while I am in bankruptcy? If you believe that you are protected by the automatic stay, and you believe it is an act of collection prohibited by the stay, you can inform the creditor that you are a debtor in bankruptcy and give them your case number. If collection actions continue after notifying the creditor of your bankruptcy, you may file an adversary proceeding to request an injunction, which is an order entered by a judge directing that a particular act stop immediately. What happens if I do not do the final debtor education course? If the debtor fails to file the certificate of debtor education, the bankruptcy case will be closed without a discharge being entered. This means the debt will still be owed and collection of the debt will begin again. Moreover, in order to fix this issue and file the certificate, the debtor will have to make a motion to reopen the case and pay the reopening fee. Return to Pro Se Homepage Creditor QuestionsCreditor Questions: Someone who owes me money just filed a chapter 7; can I file a proof of claim? There is no need to file a proof of claim unless the trustee discovers assets to distribute to creditors. If assets are found, the court will notify all scheduled creditors in writing with instructions to file a proof of claim. I think the debt owed to me is not dischargeable; what can I do? Debts that cannot be discharged in bankruptcy are specifically listed in the bankruptcy code. If the debt owed to you is not one of those listed debts, but you still think it may fall into one of the bankruptcy code’s exceptions to discharge, you must commence a lawsuit in bankruptcy court called an adversary proceeding. You will have to prove that the debt and circumstances surrounding the debt meet the very strict criteria that constitute an exception to discharge under the bankruptcy code. I am a creditor; how do I receive court notices if I was not included in the bankruptcy? If you discovered that someone who owes you money has filed for bankruptcy and you did not receive notice from the court, you can file a Notice of Appearance to alert the court and other parties that you should be served and the proper address to serve you. My ex-spouse filed for chapter 7, will the child support owed to me be discharged? Child support cannot be discharged in bankruptcy. Return to Pro Se Homepage Miscellaneous QuestionsMiscellaneous Questions: Does the Bankruptcy Court report bankruptcy cases to the credit bureaus? No. The Bankruptcy Court does not report bankruptcy cases to any agency. Bankruptcy filings are public record and can be viewed by anyone, including credit bureaus, through a nation-wide public access system called PACER. You can obtain more information about PACER and the agencies governing credit bureaus by clicking here: Bankruptcy Case records and Credit Reporting How long does a bankruptcy stay on my credit report? Bankruptcy filings, including those cases that were not completed (dismissed) cannot remain on your credit report for more than 10 years. Chapter 13 cases require repayment of debt and therefore, come off the credit report sooner, usually about 7 years. If you feel there is inaccurate information being reported on your credit report, you should notify the credit bureaus in writing of the discrepancy. Equifax, Experian, and TransUnion must investigate all reports of inaccuracies. The Federal Trade Commission oversees the reporting agencies. For more insight into credit reports, credit scores, and disputing inaccurate information, click here. My landlord is trying to evict me, will filing for bankruptcy stop the eviction? Not always. If you have had previous filings, you may not have the automatic stay when you file. If your landlord has a Warrant/Judgment of Eviction, filing for bankruptcy alone will not stop an eviction. >>>Learn more I received a discharge, why do I still have liens on my home? A discharge relieves you of the personal obligation to pay a discharged debt. However, the discharge does not remove a judgment/lien obtained against you before you filed for bankruptcy. Removing a lien based on discharge is not always possible. It depends on the value of your home at the time you filed for bankruptcy, the amount of debt secured against the property at that time, the homestead exemption you declared, and many other factors, including whether the property was your primary residence. Proof of all of these requirements must be included in a motion filed with the court. If the judge rules in your favor, an order directing the county to remove the lien will be entered. County clerks usually require these orders to be certified before complying with the order. How do I certify an order? The bankruptcy court will certify an order for a $11 per order. Mail or drop off a copy of the order with the request to have it certified, with a self-addressed, stamped envelope and the appropriate fee in a certified check or money order made payable to “Clerk, U.S. Bankruptcy Court.” If I have an issue that I need addressed about my case, can I call or email the Judge? No. Judges and the Judge’s staff are not permitted to communicate with anyone “ex-parte” (pronounced ex partay) about their case. This means without the presence of, or knowledge by other interested parties. Any sort of relief that you need from the court, must be requested on notice to other parties by motion. Return to Pro Se Homepage
