United States Bankruptcy Court
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FAQ - Before You File
While it is possible for an individual debtor to file a bankruptcy case pro se, that is, without the assistance of an attorney, it may be difficult to do so. You may lose property or other rights if you do not know the law. Chapter 13 is quite complicated, and most people filing Chapter 13 cases without an attorney do not successfully complete them. It is strongly recommended that a person considering bankruptcy consult with a bankruptcy attorney prior to filing a case.
See also: Legal Services & Resources
The Clerk’s Office is prohibited from directing you to a particular attorney but many county bar associations do offer local lawyer referral services. Please contact your county bar association for information about legal help near you.
Washington State Bar Association – County Bar Association List
Individual debtors must complete two instructional courses to be entitled to a discharge – one before filing and one after filing. If spouses file a joint bankruptcy case, each spouse must take each class and obtain separate certificates of completion.
Credit Counseling
The Bankruptcy Code requires individual debtors to complete a course in credit counseling within 180 days before the bankruptcy filing. The briefing may be in-person, over the phone, or on the internet, and must be provided by a credit counseling agency approved by the United States Trustee. Once completed, the agency that provides the credit counseling service will provide you with a certificate for filing with your petition. The counseling agencies charge a small fee for their services which may be waived on a case-by-case basis; consult with the counselor about the availability of a waiver.
A list of approved credit counseling agencies is available in the Clerk’s Office or online at Approved Credit Counseling Agencies (Judicial District is WAW) .
Financial Management (Debtor Education)
After filing a bankruptcy case, you must also complete a financial management instructional course (debtor education) in order to receive a discharge. Failure to complete the course and file proof of completion will result in your case being closed without a discharge. As with the pre-bankruptcy counseling, there is a small fee for the course which may be waived on a case-by-case basis. Consult with the agency about the availability of a waiver.
A list of approved Debtor Education agencies is available in the Clerk’s Office or online at Approved Debtor Education Agencies (Judicial District is WAW).
Debtor’s Motion For Waiver Of Credit Counseling Briefing And Financial Management Course
If you are incapacitated or disabled (as defined by the 11 U.S.C. §109(h)(4)), or are on active military duty in a military combat zone, the requirement for both credit counseling and financial management may be waived.
Motion For Waiver Of Credit Counseling Briefing And Financial Management Course
The United States Bankruptcy Code (11 U.S.C. Section 101, et seq, the “Bankruptcy Code”) is the uniform federal law that governs all bankruptcy cases. The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). The Court also follows its own Local Rules for bankruptcy cases and adversary proceedings administered in the Western District of Washington.
This information can be found under Code, Rules and Forms on the Court’s website.
Chapter 7, of the Bankruptcy Code provides for the “liquidation” or sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. It is also commonly known as the “fresh start” type bankruptcy. In the case of an individual, the debtor is allowed to claim certain property as exempt. In exchange for this, the debtor gets a discharge, which means that the debtor does not have to pay certain types of debts. Corporations and partnerships do not receive a discharge.
Chapter 13, also known as a “wage earner’s plan,” enables individuals with regular income to develop a plan to repay all or part of their debts over a three to five year period. Payments are made to a chapter 13 standing trustee, who makes distributions to creditors according to the provisions of a confirmed plan. Filing a chapter 13 case allows debtors to keep valuable property – especially a home and car – which might otherwise be lost to foreclosure or repossession, if the debtor can make the payments which the bankruptcy law requires to be made to creditors.
Chapter 11, usually filed by businesses, but occasionally are utilized by individuals with significant assets. While the debtor maintains control of the day-to-day operations of the business or the individual’s estate, the creditors and the court work to approve a plan to repay the debts. There is no trustee unless the judge decides that one is necessary; if a trustee is appointed, the trustee takes control of the business and/or property.
Chapter 12 – Like chapter 13, but it is only for family farmers and family fishermen.
For additional information on all chapters, please visit the U.S. Courts website: Bankruptcy Basics
The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.
The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless (1) the debtor paid all "allowed unsecured" claims in the earlier case in full, or (2) the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor's plan was proposed in good faith and the payments represented the debtor's best effort.
A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
For additional information on all chapters, please visit the U.S. Courts website: Discharge in Bankruptcy
Yes. Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
The Fair Credit Reporting Act, Section 605, is the law that regulates 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.
Debtors must directly contact credit reporting agencies to discuss information on a credit report. Under the Fair Credit Reporting Act the credit reporting agency (and the creditor) are required to correct inaccurate or incomplete information on a credit report. The credit bureau will re-verify the item in question with the creditor at no cost to the consumer.
The Bankruptcy Court has no jurisdiction over credit reporting agencies and does not report to any of the agencies. The bankruptcy petition, schedules, and other documents are public records. Credit reporting agencies regularly collect information from the petitions filed and report the information on their credit reporting services.
There are a number of educational publications that the Federal Trade Commission has on its website (www.ftc.gov) to help consumers.
See also: Bankruptcy & Your Credit Report
Only attorneys, trustees and examiners can register to file pleadings electronically through CM/ECF. Institutional creditors can register for an account that allows a limited number of documents to be filed electronically. See the information under Electronic Filing.
In addition, any creditor may file Proof of Claim forms for all chapters electronically. A login/password is not required. File a Proof of Claim.
FAQ - Ready to File
The Court requires original paperwork when filing papers conventionally (as opposed to electronic filing). Please provide an additional copy if you want a “received” stamped copy for your records. Include a self-addressed envelope with the appropriate postage if you would like a copy returned by mail. You will always have the option of accessing your case file through pacer.uscourts.gov once a document has been filed with the court.
The filing of a bankruptcy case requires a voluntary petition, the filing of schedules listing the debtor’s property and debts, a statement of financial affairs, a statement of “current monthly income” by all individual debtors with primarily consumer debts, and several other documents. These documents include a mailing list or “matrix” containing the names and addresses of the creditors and others who should receive notices from the court in the case. In addition, every individual debtor must submit a statement of the debtor’s full social security number and fill out local forms if applicable.
Chapter 7 Checklist and Chapter 13 Checklist are provided for your convenience.
For additional bankruptcy information and a complete list of forms, please visit www.uscourt.gov/forms/bankruptcy-forms.
In addition to the petition, lists, schedules, and statements, Bankruptcy Rule 1006(a) requires every petition to be accompanied by the filing fee. Payment from debtors may be in the form of online payment, a cashier's check or money order made payable to the U.S. Bankruptcy Court. For a full list of filing fees and amounts go to Filing Fees.
Personal checks, bill pay check, debit cards, and credit cards will not be accepted from individual debtors or debtors in possession.
Application to Pay Filing Fee in Installments An individual debtor may file an Application to Pay Filing Fee in Installments for consideration by the court. The final payment is due no later than 120 days after the filing of the petition. Failure to complete payment of the full filing fee by the deadline is grounds for dismissal of the bankruptcy petition.
PLEASE NOTE: An Application to Pay the Filing Fee in Installments will be denied if a debtor has unpaid filing fees in a bankruptcy case filed in the Western District of Washington within the last 8 years. If an application is denied the full filing fee will be due within 7 days or your case may be dismissed.
Application to Waive Chapter 7 Filing Fee An individual debtor who files under chapter 7 and meets certain eligibility requirements may apply for an Application for Waiver of Chapter 7 Filing Fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments.
See also:
Poverty Guidelines for Chapter 7 Fee Waiver
Bankruptcy Case Policy on Fee Waivers.
Where a debtor files depends on where the debtor resides or has its principal place of business or principal assets. There are two filing locations in the Western District of Washington: Seattle and Tacoma. Each divisional office has courtrooms, a Clerk’s Office for filing documents and paying fees, and staff available to answer questions.
The counties and filing locations for the Western District of Washington are:
Cases filed in Seattle: Clallam, Island, Jefferson, King, Kitsap, San Juan, Skagit, Snohomish and Whatcom counties.
Cases may be filed in person or mailed to:
700 Stewart Street, #6301
Seattle, WA 98101
Cases filed in Tacoma: Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Pierce, Skamania, Thurston and Wahkiakum counties.
1717 Pacific Ave, #2100
Tacoma, WA 98402
Pursuant to 28 U.S.C. Sec 955, Clerk’s Office staff is prohibited from giving information which may be characterized as legal advice. For example, staff cannot:
You are encouraged to use the Court's website for information regarding local rules and procedures, local and federal forms, and additional resources to help you navigate through the bankruptcy process.
The following links provide information on Washington State and federal exemptions:
http://www.nolo.com/legal-encyclopedia/washington-bankruptcy-exemptions http://www.thebankruptcysite.org/exemptions/washington.html http://www.bankruptcyinformation.com/WA.htm
In most bankruptcy cases, you will only be required to attend the mandatory 341(a) Meeting of Creditors to meet with the bankruptcy trustee and any creditors who choose to come. The Clerk’s Office mails a notice that contains the date, time, and location of the 341(a) Meeting. Most often, this meeting will be a relatively short and straight forward process where you are asked a few questions about your bankruptcy forms and your financial situation.
Occasionally, if additional issues need to be addressed, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time.
Bankruptcy court notices and orders are mailed by the Bankruptcy Noticing Center (BNC) via the U.S. Postal Service on behalf of the Court unless a debtor requests delivery of notices via email through a program called Debtor Electronic Bankruptcy Noticing (DeBN).
Further information DeBN can be found at: Debtor Electronic Bankruptcy Noticing (DeBN)
Public parking is not available at the courthouse in Seattle or Tacoma. Both on-street and off-street (garages and lots) public parking are available in the immediate vicinity of the each courthouse.
For additional information, please see: Locations
A person or entity who is not the debtor but is liable with the debtor on certain obligations is a co-debtor. For example, a co-signer on a loan may be a co-debtor. Also, if the debtor owns a home with a non-filing spouse and if both parties are liable for the mortgage on the home, the non-filing spouse is considered a co-debtor. Joint debtors are both listed on a bankruptcy petition as the parties filing for bankruptcy.
FAQ - After Filing
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.
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
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.
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
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.
Generic Motion
Notice of Motion and Hearing
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:
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.
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
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.
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.
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:
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.
FAQ - 341 Meetings of Creditors
1. What is a section 341(a) meeting of creditors?
Section 341 of the Bankruptcy Code requires that every debtor personally attend a meeting of creditors (sometimes also called “341 meeting” or “creditors meeting”) and answer questions under oath. Meetings of creditors usually are conducted between 21 and 60 days after the petition is filed and are held at a number of locations throughout the district. The case trustee appointed by the United States Trustee presides at the meeting of creditors. The meeting is recorded, and the trustee will place you under oath and ask you questions about your bankruptcy documents, property, debts, financial condition and other matters. This information enables the trustee to understand your circumstances and decide if there are assets that could be liquidated for the benefit of your creditors.
Your creditors are notified that they may attend the meeting of creditors and question you about your assets and any other matter relevant to the administration of the case. However, creditors rarely attend these meetings and are not considered to have waived any of their rights if they do not appear.
The meeting usually lasts less than ten minutes but may be continued if the trustee is not satisfied with the information you provide or if the trustee or others need more time to review your financial circumstances and question you about them. If you fail to appear or fail to provide the information requested at the meeting, the trustee may request that the bankruptcy case be dismissed or that you be ordered by the court to cooperate.
2. Where is the section 341(a) meeting of creditors held?
The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the President's "Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak" issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program. In the event an in-person examination is required, the location is set below.
County
Meeting Location
King (Chapter 7 and Chapter 13)
U.S. Courthouse 700 Stewart St., Rooms 4107 (7 & 13) & 8206 (7) Seattle, WA 98101
Snohomish and Island (Chapter 7)
Everett Station Weyerhaeuser Room (4th Floor) 3201 Smith Avenue Everett, WA 98201
San Juan, Skagit and Whatcom (Chapter 7)
Bellingham Four Points by Sheraton 714 Lakeway Drive Bellingham, WA 98229
San Juan, Skagit, Whatcom, Snohomish and Island (Chapter 13)
Clallam, Jefferson and Kitsap (Chapter 7 and Chapter 13)
Bremerton Gateway Center 2525 6th Ave. Bremerton, WA 98312
Pierce, Lewis, Mason, Thurston and Grays Harbor(Chapter 7 and Chapter 13)
U.S. Courthouse Union Station 1717 Pacific Ave., Courtroom J Tacoma, WA 98402
Clark, Cowlitz, Pacific, Skamania and Wahkiakum (Chapter 7 and Chapter 13)
Vancouver Federal Building 500 W 12th, Second Floor Vancouver, WA 98660
3. What should I bring to the 341 meeting?
4. How do I find out who the trustee is in a case?
5. What if I cannot attend my 341 meeting?
The debtor, including each debtor in a joint case, is required to appear at the section 341 meeting of creditors. If a debtor needs to reschedule their meeting of creditors or request permission to appear other than in person, they should review Local Bankruptcy Rule 2003-1 and the Region 18 United States Trustee Policies for Rescheduling Meetings of Creditors and Allowing Debtor’s Appearance Other Than in Person for complete information.
6. What if I missed my 341 meeting?
Chapter 7 and 13 debtors must contact the trustee assigned to their case as soon as possible and request the matter be continued. The trustee’s name and contact information may be found on the section 341 Meeting notice.
7. Are co-debtors required to be at the 341 meeting?
No. Only debtors and joint debtors who are listed on the first page of the petition must attend the section 341 meeting.
8. What if I don't speak English?
The U.S. Trustee has a telephone interpreter service that debtors can use free of charge at their section 341 meeting. Debtor(s) who need a language interpreter for this purpose should contact the trustee assigned to their case. Debtors who need a sign language interpreter should contact the Office of the U.S. Trustee at 206-553-2000 to make arrangements.
The bankruptcy court will only pay for a language interpreter if the United States initiates the court proceeding. In all other cases, a party needing an interpreter is responsible for obtaining an interpreter and for payment of the interpreter's fees and expenses. An exception is when a party, witness, or other participant in a judicial proceeding needs a sign language interpreter. In that instance, the bankruptcy court will provide and pay for a sign language interpreter or provide an auxiliary aid or service, or an assistive listening device to a person who is deaf, hearing impaired or has other communications disabilities whether or not the proceeding is initiated by the United States. For more information about court certified interpreters call the Clerk's Office in Seattle at 206-370-5200, and in Tacoma at 253-882-3900.
9. In the event of inclement weather, will I still need to appear at my 341 meeting?
In the event of inclement weather resulting in the closing of court facilities, a Weather Notice will be posted on the court's website . For debtors scheduled to appear at 341 meetings in a facility that is closed, those hearings will be continued. Please contact the Clerk's Office in Seattle at 206-370-5200, or in Tacoma at 253-882-3900, for your new hearing date. If the facility is opening late, please plan to appear as close to your scheduled time as possible.
If there is no Weather Notice on our website, you should assume that all facilities are open and operating on schedule.
FAQ - Miscellaneous
The clerks office's in Seattle and Tacoma provide public terminals that may be used to view electronic court documents via PACER. Public lobby hours apply: 8:30 a.m. - 4:30 p.m.
Public Access to Court Electronic Records (PACER) is a public service that offers electronic access to the court's electronic case management system from your personal computer.
Voice Case Information System (VCIS) - The Voice Case Information System at 866-222-8029 is connected to the Bankruptcy Court's electronic case file system and can be accessed from any touch tone telephone to hear current case information in English or Spanish. This is a free service and is available 24-hours a day, 7-days a week.
Obtain Copies of Documents
Order a Transcript of a Hearing
Request Audio Recording of Hearing
For further assistance, please contact the clerk's office:
Seattle 206-370-5200 or Tacoma 253-882-3900
Copies and certified copies of documents are available at the Clerk's Office in either Seattle or Tacoma. There is a cost of $0.50 cents per page. A charge of $11.00 is added for a certification. Request may be made via mail or in person.
See also: Obtain Copies of Documents
Parties set their own hearings from a list of available hearing dates for the judge assigned to the case. The bankruptcy judges hold motion calendars in Seattle, Tacoma, Port Orchard, Everett, and Vancouver on certain dates. To view the future calendar dates for a particular judge, look on the Court's website under Judges & Calendars.
If you are listed as a creditor in a bankruptcy case where there are assets to be liquidated and distributed to creditors, you will be mailed a notice setting a deadline by which to file proof of your claim.
Creditors may file Proof of Claim forms for all chapters electronically. A login/password is not required.
The claims electronic filing program contains a fillable Proof of Claim form (Form B410) along with supplemental forms and the ability to amend or withdraw a claim. Supplemental documentation to the claim may be attached. The address of the creditor is automatically added to the mailing matrix of a case when a proof of claim is filed to insure service of case-wide documents.
Proof of Claim forms are available on the court's website, at the Clerk's Office in Seattle and Tacoma, or by mail. File the original claim and any supporting documents at the Clerk's Office. If you wish to have a file stamped copy returned to you, please enclose an extra copy of the completed claim form, and a self-addressed stamped envelope.
See also: Claims E-Filing
Most closed, older cases are transferred to the National Archives and Records Administration Center in Seattle. To locate a case at the Records Center, you will need the case number, and the accession, location and box number. This information is available by calling the Clerk's Office at (206) 370-5200 in Seattle or (253) 882-3900 in Tacoma. Please note that documents in older cases that were filed prior to 5/17/2001 may have been disposed of in accordance with the Records Disposition Schedule. Please contact the Clerk's Office for additional information.
The Office of the United States Trustee reviews complaints and allegations of possible fraudulent filings and, if appropriate, notifies the U.S. Attorney for further investigation. The Department of Justice also has an on-line Bankruptcy Fraud Hotline.
For more information contact: Office of the U.S. Trustee, United States Courthouse, 700 Stewart Street, Suite 5103, Seattle, WA 98101-1271 or call (206) 553-2000.
What is a reaffirmation agreement?
A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. Reaffirmation agreements are not required by the Bankruptcy Code or other state or federal law. A debtor can voluntarily repay any debt instead of signing a reaffirmation agreement, but there may be valid reasons for wanting to reaffirm a particular debt.
See also: Reaffirmation Agreements
What is an adversary proceeding and how do I file a complaint?
An adversary proceeding is a lawsuit arising in or related to a bankruptcy case. It is commenced with the filing of an adversary proceeding cover sheet, complaint, and the filing fee of $350.00, if applicable. A list of the types of actions that are required to be brought on as an adversary proceeding is set forth in Federal Rule of Bankruptcy Procedure 7001.
See also: Adversary Proceeding
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged.
A creditor that continues to attempt to collect a debt after the bankruptcy case is filed is in violation of the automatic stay. You should immediately notify the creditor in writing that you have filed bankruptcy and provide them with either the case number and filing date or a copy of the Notice of Bankruptcy Case Filing or Notice of the §341(a) Meeting of Creditors. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain an order from the court prohibiting the creditor from taking further collection action and, if the creditor is willfully violating the automatic stay, the court can award the debtor actual damages (including costs and attorney fees) and, in appropriate circumstances, punitive damages. Any such legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.
