FAQ - After Filing

1. I received a Notice of Deficient Filing. What does this mean?
2. What does it mean when a case is dismissed?
3. What does it mean if my bankruptcy case is closed?
4. How do I reopen a bankruptcy case?
5. How do I bring an issue before the court?
6. How do I amend (add/change/correct) information in my bankruptcy?
7. Where do I send my tax forms, bank statements, and pay stubs?
8. What does it mean if my case is converted to another chapter?
9. When will I receive my discharge?
10. How do I know which debts were discharged?

1.  I received a Notice of Deficient Filing. What does this mean?

   A deficient filing is one that is incomplete or incorrectly done in some way. The notice you received should tell you specifically what the deficiency is and the deadline for filing the correction.  If you are unsure of how to cure the deficiency mentioned in the notice, please contact the clerk’s office for an explanation. 

   Failure to cure the deficiencies may result in your case being dismissed without further notice.

2.  What does it mean when a case is dismissed?

   In order for a bankruptcy case to proceed, it is the debtor’s responsibility to provide the Court with all information that is required by law. If this information is not provided, a bankruptcy case may be dismissed without the debtor obtaining a discharge of debts. Often, a case is dismissed when the debtor fails to do something he/she must do (such as attend the meeting of creditors or file paperwork by the deadline), or if it is in the best interests of the creditors.

   Upon dismissal, all proceedings in the bankruptcy case (and adversary case, if there is a related adversary proceeding) end. The automatic stay ends and creditors may start to collect debts.  Debts that are discharged prior to dismissal are not affected by the dismissal order, unless the discharge order was revoked.

   For example, at the beginning of a bankruptcy case, if all of the required information is not filed with the Court, the Clerk’s Office will usually mail to the debtor a notice that identifies which documents or signatures are missing. The bankruptcy case will be dismissed without a hearing if this information is not provided by the deadline, unless permission is obtained from a judge to extend this deadline.

   Dismissal has serious consequences. If a bankruptcy case is voluntarily dismissed, it may affect a debtor’s rights to the Automatic Stay in a future bankruptcy case. It is highly recommended to consult a bankruptcy attorney.

   See also:  Local Rules of Bankruptcy Procedure – Rule 1017-1

3.  What does it mean if my bankruptcy case is closed?

   Closing means that all activity in the bankruptcy case is completed. This means that all matters have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.

   Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed.

   Closing does not necessarily mean that all adversary proceedings are finished.

   The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.

4. How do I reopen a bankruptcy case?

   Even though a bankruptcy case is closed, a debtor, trustee, or creditor may want the Court to hear motions and enter orders in that bankruptcy case. If so, it is necessary to first file a Motion to Reopen that case. In most situations a filing fee will be required, and the fee will differ in a Chapter 7, 11, or 13 case (see Filing Fees). The judge will generally rule on whether to grant the Motion to Reopen before the judge will consider any motions you wish to file once the case is reopened.

   See also:  Bringing Issues Before the Court

5. How do I bring an issue before the court?

   The process for requesting that a judge take action in a case is to file a motion or other pleading in the case. Such requests for action must be made in the form required by court rules and should clearly describe the relief requested and the reason why the relief is appropriate. See Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules.

   Questions regarding the procedure for filing a motion or request may be directed to the clerk's office. The clerk's office cannot provide legal advice but may give procedural advice as to how to file pleadings.

   In order to provide a fair and neutral forum in the court setting, judges are not allowed to discuss cases with attorneys or debtors or other parties in a case unless all the parties to the case are present. Any communication regarding a case should not be made by contacting the judge directly but made either during an official court hearing where all parties are present or by filing a pleading with the clerk of the court. For the same reason, direct communication with judicial law clerks is not appropriate.

   See also:

   Generic Motion

   Notice of Motion and Hearing

6.  How do I amend (add/change/correct) information in my bankruptcy?

   The information contained in the petition, schedules and statement of financial affairs is submitted under penalty of perjury. It is a debtor’s duty to ensure that information provided is correct when these forms are signed. However, if a debtor filed a form with inaccurate information, the debtor can amend the document.

   . The following steps must be taken:

   • File with the court the document that contains the amended information (Schedule, Statement, etc.)
   • If an incorrect or outdated version of a form was used, prepare, sign and file the correct version of the form. If the correct version of a form was used, but the information inserted on the form is not accurate, prepare, sign and file the form with the revised information;
   • File with the court an Amendment Cover Sheet (paper filings only). This form should be filed at the same time the amended document is filed. It is also available at the Clerk’s Office.
   • Pay a fee. A fee is required for amended schedules/list of creditors if a creditor is added or deleted or to change the amount or classification of a debt. See Filing Fees.
   • See also:  Local Rules of Bankruptcy Procedure – Rule 1009
7. Where do I send my tax forms, bank statements, and pay stubs? 

   In addition to the documents you are required to file with the court, there are other documents that you are required to provide to the trustee assigned to your case.  If you filed your bankruptcy case without the help of an attorney, you should have received a notice titled Debtor(s) Requirement to Send Documents to the Trustee. 

   This notice specifically outlines the documents you are required to provide to the trustee prior to your 341 Meeting of Creditors and a declaration you must sign and submit along with your documents. 

   These documents are not to be filed with the court.  If the documents listed in this notice are filed with the court, the court will not forward them to the trustee. It is the debtor's responsibility to send these documents directly to the trustee. If you have questions regarding this requirement and/or where to send these documents, please contact your trustee directly.

   See also: 

   Local Rules of Bankruptcy Procedure – Rule 4002-1

   Chapter 7 Debtor(s) Requirement to Send Documents to the Trustee

   Chapter 13 Debtor(s) Requirement to Send Documents to the Trustee

8. What does it mean if my case is converted to another chapter?

   Conversion means that the Court has approved changing a bankruptcy case from one chapter to another chapter. Conversion may be requested by a debtor, by a trustee or creditor, or be independently ordered by the Court. Sometimes conversion is automatically approved, and in other situations it is disallowed or requires a court hearing to approve a motion to convert. In some ways, conversion starts the bankruptcy case over because there are different rights and duties for the debtor and creditors. There are new responsibilities and deadlines for filing case commencement documents, and the debtor must attend a new 341(a) Meeting of Creditors. In other ways, conversion continues activities that are already taking place. It is highly recommended to consult a bankruptcy attorney to discuss a debtor’s right to convert to another chapter and the impact of conversion.

9. When will I receive my discharge?

   In a chapter 7 case involving an individual debtor, the entry of a discharge on the case docket depends upon whether a trustee or creditor objects to the debtor receiving a discharge. For information about non-dischargeability issues and proceedings, consult Bankruptcy Code Section 727 and Federal Rules of Bankruptcy Procedure Rule 4004.

   The earliest date that a discharge will be entered in a chapter 7 case is shortly after the 60th day following the first date set for the 341(a) meeting of creditors. Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have 60 days after the first date set for the 341(a) meeting of Creditors to file a complaint objecting to discharge. This 60 day period ensures that a trustee and creditors have sufficient time to conduct investigations, and the court may extend the deadline if an appropriate motion to extend the filing deadline is filed before the 60 day period expires.

   The later date that a discharge will be entered is after other actions are taken, such as:

   •     A trustee or creditor can delay the entry of a discharge order by filing a complaint (adversary proceeding) objecting to the discharge within the 60 day period mentioned above or by getting the court to extend the 60 day deadline.

   •     A creditor or debtor can delay by filing a reaffirmation agreement.

   •     An individual debtor will cause a delay by not filing the financial management certificate.

   •     The U.S. Trustee filed a motion to dismiss the bankruptcy case under Bankruptcy Code Section 707(b), and the motion is still pending.

   •     All filing fees have been paid in full.

   In a chapter 11 case, if the debtor is an individual, a discharge may be entered once the debtor has completed making payments under the Chapter 11 Plan.

   In a chapter 13 case, a discharge is usually entered once the debtor has completed making payments to creditors in accordance with the terms of the debtor’s Chapter 13 Plan and the debtor has filed the financial management certificate.

10. How do I know which debts were discharged?

    The discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If the case was begun under a different chapter of the Bankruptcy Code and converted, the discharge applies to debts owed when the bankruptcy case was converted.)

    Please note:  No one in the Clerk’s Office will be able to tell you whether or not a certain debt was discharge nor is there a list the court can provide that will outline which debts were discharged and which debts were not discharged.

    Debts That are Not Discharged

    Some of the common types of debts which are not discharged are:

    • Debts for most taxes;
    • Debts incurred to pay nondischargeable taxes;
    • Debts that are domestic support obligations;
    • Debts for most student loans;
    • Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
    • Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated;
    • Some debts which were not properly listed by the debtor;
    • Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged;
    • Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
    • Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans.

    This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case.