Eastern District of North Carolina

 

Q's & A's

 
How do I find basic information about bankruptcy?
If I wanted to call the person directly responsible for a particular case, how would I know who to call?
When I can’t reach the person I need to speak with, should I call back and try someone else?
What about Bankruptcy Rules? Does your court have any and where can I find them?
Does your court send emails or anything to the bar informing them of upcoming changes?
What about court changes or preferences that might affect policies or procedures. Are these included in the newsletter as well?
What about the recent amendments to the rules regarding time deadlines? Where did that come from?
How can I avoid receiving the court’s deficiency notices?
If I receive a deficiency notice, how do I correct?
How do I know if the motion I’m filing needs to give parties time to object or who I should serve with the motion?
How do I know what to file post-petition? What’s next?
What if I wanted to file a Motion to Assume a Lease in one of my cases. Is a notice of motion required?
Does the court prefer a separate pdf for motion, notice of motion & certificate of service? Or if I’m filing a proof of claim, does the court prefer the attachments to be saved separately?
If we’re representing a creditor, do we tell them to send their proofs of claim to the trustee or to the attorney for the debtor?
When providing notice of motion, is it acceptable to state the parties have 14 or 21 days in which to respond?
Sometimes I have trouble finding something I need to file in the CM/ECF events listing. Is there an easy way to locate items in CM/ECF?
Why can’t the generic events be left in the pick list all the time so we wouldn’t have to call if needed?
I’ve heard that using all capital letters when electronically filing is not preferred. Why?
Can you give some pointers on filing amended schedules?
We recently opened a new case and were called because the creditor mailing matrix wasn’t uploaded but I filed the matrix along with the petition.
Why do we now have to redact?
I recently filed a notice of appearance on behalf of a creditor and was confused when presented with the “Role” selection list. How do I know which role to choose?
Do lien avoidance motions have special requirements?
If I need to serve something on all creditors, where is the best place to obtain the most recent version of the mailing matrix?
How would I find out how long I have to file an appeal?
How do I know if a pdf file size is too large? Are there any instructions about how to scan those documents to make the file size smaller?
I need more information on filing emergency motions and setting emergency hearings.
I also need more information on filing “ex parte” motions and the procedure online.
Should I upload a proposed order with each motion filed?
Is it permissible that attorneys sign amendments to schedules?
Should the clerk file a motion without the fee because of a critical time issue involved?
A motion to extend the time to file a complaint objecting to the dischargeability of a debt was presented for filing at the last minute. In the motion, the moving party also requested that, in the alternative, relief from the stay be granted. There was no fee for the stay motion tendered at the time the motion was submitted.
If the last day for filing complaints objecting the dischargeabililty of a debt is a Saturday or Sunday or a legal holiday, must a complaint or motion to extend the time to file such a complaint be filed on Friday?
If a case in which installment fees are owing is dismissed, when is the filing fee due?
Is the claims bar date for government agencies the same as for other creditors?
In an adversary proceeding, is there a filing fee for a third-party complaint?
Does a chapter 7 discharge order entered after the death of the debtor have to reference that the debtor is no longer living?
If a corporate debtor files a voluntary petition after an involuntary petition was filed against it, is there another fee that must be paid for converting the case to a voluntary case?
May the clerk’s office charge an amendment fee if the debtor makes a "front-page" filing (petition and creditor matrix only) and later files its schedules and statements. Is the later filing of the schedules and statements an amendment to the petition?
A company has filed for bankruptcy and owes us money. What do we do?
Do I need an attorney to file bankruptcy?
How do I get the Bankruptcy removed from my credit report?
Where can I obtain petition forms?
How do I get admitted to practice in the Bankruptcy Court?
Is my debt dischargeable?
The company for which I worked filed for bankruptcy. How do I get my W-2 forms for filing my income tax return?
Can the Clerk's Office give legal advice?
How do I know if a debt is secured, unsecured, priority or administrative so I can fill out my schedules correctly?
What does it mean if a case is dismissed?
What is the proper fee for an adversary proceeding instituted by removal from another court?
An application for leave to appeal was filed, and the clerk's office collected a fee of $298[$5 notice of appeal as required by 28 U.S.C. 1930(c), $293 for docketing an appeal as required by the Bankruptcy Court Miscellaneous Fee Schedule] The motion is denied; the clerk's office was asked if the fee could be refunded?
What is the fee for filing a motion to lift stay, or in the alternative, a motion to convert the case to a chapter 7?
What fee should be charged for converting a chapter 13 to a chapter 7 and for splitting the case?
What fee should be collected for a case that was closed in 1995 and reopened today?
Does the bankruptcy court pay for a sign language interpreter for a §341 meeting of creditors?
Is there any definition of what a "page" is, which would apply to the new per page charge for information obtained on the Internet?
 
 
 
 
 
While the information presented above 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 for the United States Bankruptcy Court for the Eastern District of North Carolina.
  Wilson Division (252) 237-0248 1760-A Parkwood Blvd, Wilson, NC 27893-3564
  Raleigh Division (919) 856-4752 300 Fayetteville Street, 2nd Floor Raleigh, N.C. 27601-1799