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How do I get the Bankruptcy removed from my credit report?
The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person’s credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters. You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems.
Do I need an attorney to file bankruptcy?
While it is possible to file a bankruptcy case "pro se," that is, without the assistance of an attorney, it is extremely difficult to do so successfully. Hiring a competent attorney is highly recommended. For information about referral programs, contact your local bar association.
If you decide to proceed without an attorney, you are strongly encouraged to review all of the information under "Filing Without An Attorney?" on the court's website.
We just received a notice from the court that says someone who owes us money has filed bankruptcy. What do we do?
Effective February 5, 2007, all claims are to be filed directly with the court, including Chapter 13 claims. If you have been listed as a creditor in a bankruptcy case, you may file a claim electronically through the court's website under the Proofs of Claim tab. The court strongly encourages the electronic filing of claims and a login and password is not required.
Should 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 petit
The later filing of the schedules and statements is not an amendment to the petition and no amendment fee is charged. Bankruptcy Rule 1007(c) provides that in a voluntary case, the debtor may file only a petition and a list of creditors (matrix) to initiate a case (a front-page filing).
The debtor must, however, file his or her schedules and statements within 14 days of the filing of the voluntary petition. By filing the schedules and statements within 14 days of the front-page filing, the debtor is not amending these documents, but is presenting them to the court for the first time. However, as a result of filing the schedules and statements at the later date, the debtor discovers that the matrix must be changed, an amendment fee is charged.
The Bankruptcy Court Miscellaneous Fee Schedule can be found under the court's website under Court Info==>Court Fees.
Does a chapter 7 discharge order entered after the death of the debtor have to reference that the debtor is no longer living?
No, nothing in the Bankruptcy Code or Rules requires that a discharge order entered after the death of the debtor reference the debtor’s death. Rule 1016 of the Bankruptcy Rules specifically provides that a chapter 7 bankruptcy case should be administered, so far as possible, as though the death had not occurred. Further, commentary in legislative history provides that if a debtor dies during the bankruptcy case, the discharge will apply in personam to relieve the debtor, and this his probate representative, of liability from discharged debts. If a chapter 11, 12, or 13 case is pending when the debtor dies, the case may be dismissed or may proceed if further administration is possible and in the best interest of the parties.
In an adversary proceeding, is there a filing fee for a third-party complaint?
No, there is no filing fee for a third-party complaint. A filing fee has already been paid for filing the original complaint (unless a filing fee exception applied).
Is the claims bar date for government agencies the same as for other creditors?
No, it is not. Section 502(b)(9) of the Bankruptcy Code and Bankruptcy Rule 3002(c) provide that governmental agencies have 180 days after the order for relief to file claims in a bankruptcy case.
A proof of claim filed by a governmental unit for a claim resulting from a tax return filed under Section 1308 of the Bankruptcy Code is timely filed if it is filed no later than 180 days after the date of the order for relief or 60 days after the date of the filing of the tax return.
If a case in which installment fees are owing is dismissed, when is the filing fee due?
All fees become due as soon as the case is dismissed. The order of dismissal should provide that fees are due and owing.
Is it permissible that attorneys sign amendments to schedules?
No. Rules 1008 and 9011 specifically state that the debtor is the only person authorized to sign amendments.
Should I upload a proposed order with each motion filed?
No. The court has form orders for some motions so a proposed order isn’t always necessary. A message will be displayed when filing a motion in which the court has a form order so you’ll know whether or not a proposed order is needed. Additionally, if a response or objection is anticipated, or if a consent order is being negotiated, it’s not necessary to upload a proposed order.
In those instances, you may wish to notify the court by docketing the "Proposed Order Not Uploaded" entry. You can find this event in CM/ECF under Bankruptcy>Miscellaneous. As you are docketing, you will be prompted to insert the reason why the proposed order is not being uploaded. This is a text only entry and does not require the attachment of an actual document.