U.S. Department
of Justice
Region 12 : Frequently Asked Questions
The FAQs are separated into the following major areas of interest:
General Bankruptcy Questions
Chapter 7 is the Bankruptcy Code's liquidation chapter. It is sometimes referred to as "straight bankruptcy". A Chapter 7 trustee is appointed to take over your property. Any property of value will be sold or turned into money to pay your creditors. Depending on the law of the State in which you file, you may be able to keep some of your personal and real property. If you have the ability to repay your debts, after taking into account reasonable and necessary living expenses, you may not qualify for relief under this chapter.
Chapter 13 is frequently referred to as the "wage earner" chapter. Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $269,250 and noncontingent, liquidated, secured debts of less than $807,750, or an individual with regular income and such individual's spouse, except a stockbroker or a commodity broker, that owe, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts that aggregate less than $269,250 and noncontingent, liquidated, secured debts of less than $807,750 may be a debtor under Chapter 13. Under Chapter 13 you repay your debts (or a portion thereof) through a repayment plan. You can usually keep your property, but you must earn wages or have some other source of regular income to be a debtor under this chapter. The Court must approve your repayment plan and budget. A Chapter 13 trustee is appointed, and will collect the payments from you. The trustee, in turn, will pay your creditors and monitor your compliance with the terms of your repayment plan. After completion of all payments under your plan, you will receive your discharge.
A chapter 11 bankruptcy allows businesses and individuals to reorganize their financial affairs by making payments to creditors through a plan of reorganization.
The United States Trustee's Office is part of the Department of Justice, which oversees all bankruptcy cases. A Trustee is a private individual appointed by the United States Trustee to supervise and administer a particular case.
If you are filing as an INDIVIDUAL, you may file your own case. However, if you are filing as a CORPORATION or PARTNERSHIP you must file through an attorney.
A discharge is a Court Order that says you do not have to pay certain of your debts. Creditors cannot force you to pay any debts which have been discharged. However, there are many exceptions. For example, in Chapter 7 a discharge does not excuse payment of most tax debts, child support obligations, alimony, student loans, court-ordered fines and restitution, and debts created by fraud or drunk driving among others. In addition, your discharge may be denied entirely if you conceal property, destroy, falsify, or conceal records or make a false oath. A creditor may still attempt to repossess collateral that secures payment of the debt. Please consult an attorney to find out which debts are dischargeable for your individual situation.
From your local Bankruptcy Court or your Attorney.
Please contact your local Bankruptcy Court.
You should speak to your attorney regarding the closing of your case.
Generally, a chapter 7 no-asset case will be closed approximately 60-90 days after the 341 Meeting of Creditors, and a chapter 7 asset case will be closed approximately 90-120 days after a Final Report is filed and after all assets have been administered. Generally, a chapter 11 case will be closed after a Final Decree is entered. Generally, a chapter 13 case will be closed approximately 60-90 days after the Final Report is filed. (Chapter 13 cases last from 36 to 60 months before closing begins).
Please contact your local Bankruptcy Court.
Please contact your chapter 13 trustee.
No, please contact your attorney. If you do not have an attorney, then you need to consider seeking legal advice. Sending your creditor a copy of your discharge with a copy of the page of the schedules listing that creditor might solve the problem.
Please go to your location's Trustee list on this site and contact him/her directly.
Please call your local Bankruptcy Court.
§341 Meeting of Creditors
An 11 U.S.C. 341(a) Meeting of Creditors (aka 341 meeting), provides a forum for creditors and parties-in-interest to ask the debtor questions under oath about the debtor's financial affairs.
Debtors MUST appear at the meeting; creditors may appear, but it's not mandatory.
Debtors must appear at the meeting or their case may be dismissed.
Please call your local district office.
A good way to navigate is to use a directions/mapping service such as www.mapquest.com
Parking is not validated in ANY of the hearing room locations.
Yes, all Region 12 locations conform to accessibility codes
Check your Notice of Meeting of Creditors to confirm the date and time. If you do not have your notice, please call your attorney. If you don't have an attorney, please call the court.
We prefer that children not attend as waiting room space is limited. However, if they are quiet and well-behaved, they are permitted.
If your attorney is not present at the time your 341 meeting is called, please let the trustee know you are present and that your attorney is not. Generally, the trustee will then "trail" your meeting until the end of that hour's calendar. If your attorney is not present when your case is called again, please present yourself to the trustee, and follow his or her instructions. Generally, if you are represented by counsel, your attorney must be present while you are examined by the trustee. If your attorney is not present for a court hearing, let the Judge know you are present when your case is called, and follow the Judge's instructions on what to do next.
Yes, attendance at the 341 meeting is mandatory.