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FAQs

  • How do I get a hearing date?

    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.

  • What do I do if someone in bankruptcy owes us money?

    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

  • What if the case I'm interested in is closed or archived?

    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.

    See also:   Obtain Copies of Documents

  • Who do I notify about a possible fraudulent filing?

    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(link is external).

    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(link is external).

    See also:  Adversary Proceeding

  • What can I do if a creditor keeps trying to collect money after I filed for bankruptcy?

    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.

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