Answer:
    If you are listed as a creditor in an asset case you will receive a claim form and a notice setting a date to file. Proof of Claim forms are available on the Forms & Publications/Bankruptcy Forms menu of this website, at any Clerk's Office, or by mail. The original claim and any supporting documents are filed with the Clerk's Office, or, in chapter 13 cases, with the trustee. If you wish to have a conformed copy returned to you, please enclose an extra copy and a self-addressed stamped envelope.

    Creditors are encouraged to submit claims electronically through the Court’s Electronic Case Filing (ECF) system, which is a fast, cost effective, easy to use alternative to paper filings. Electronic filing of claims is particularly useful for creditors who regularly file claims. A Claims Agent Registration Form and other information about ECF can be found at the Electronic Case Filing menu of this website.

Answer:
    A dismissal order ends the case. The dismissal order removes the automatic stay that may have been in effect, which prevented a creditor from collecting on a debt or taking other actions against the debtor and the debtor's property. Debts that are discharged prior to dismissal are not affected by the dismissal order, unless the discharge order was revoked. A case generally is dismissed when the debtor fails to do something such as appear at the meeting of creditors, file required documents , pay the filing fee, produce books and records for the trustee, or when the dismissal is in the best interest of creditors.

Answer:
    The discharge order in bankruptcy relieves an individual debtor from personal liability on debts incurred prior to the filing of the petition, with certain exceptions, and prohibits creditor actions to collect those debts. 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. 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.

Answer:
    Section 341 of the Bankruptcy Code requires every debtor to personally attend a meeting of creditors and to submit to an examination under oath. The United States Trustee, his designee or, in a chapter 7 case, a panel trustee, presides at the meeting. Creditors may question the debtor under oath, elect a trustee other than the one assigned, and conduct such other business as may be appropriate. Creditors are not required to attend the meeting.

Answer:
    Upon the filing of a bankruptcy petition a "stay" goes into effect, which prohibits creditors from taking or continuing most actions to collect money or property from the debtor. However, there are several exceptions to the automatic stay. See Bankruptcy Code section 362. Where the automatic stay applies, a creditor wishing to proceed with action against the debtor or its property must obtain permission from the Court, or face a potential claim for damages, including costs and attorney's fees, and, in appropriate circumstances, punitive damages. Creditors who are uncertain of their rights should seek legal advice.

Answer:
    The Bankruptcy Code is the informal name for Title 11 of the United States Code. It contains chapters that provide a legal process for individuals and businesses to deal with debt problems. The most commonly filed bankruptcy cases are those under chapters 7, 11 and 13.

Answer:
    Chapter 7 is designed for individuals, corporations and partnerships in financial difficulty who do not have the ability to pay their existing debts. Under chapter 7 a trustee takes possession of all the debtor's non-exempt property, liquidates it for cash and uses the proceeds to pay creditors according to priorities of the Bankruptcy Code.

    Chapter 9 is designed to allow a municipality to continue operating while it works out a repayment plan for its creditors. A municipal unit cannot liquidate its assets to satisfy its debts.

    Chapter 11 allows a business to reorganize and restructure its finances so that it may continue to operate, provide employees with jobs, pay its creditors, and produce a return for its stockholders, if any. While chapter 11 is primarily designed for a business it is also available to individuals. In a chapter 11 case the debtor proposes a plan to creditors which, if accepted by the creditors and approved by the court, will allow a debtor to reorganize. A debtor may also propose a plan of liquidation and cease doing business.

    Chapter 12 allows family farmers and fishermen with financial difficulties to repay debts over a period of time from future earnings. In many ways it is similar to a chapter 13 case.

    Chapter 13 enables individuals with regular incomes, under court supervision and protection, to repay their debts over an extended period of time according to a plan. The plan may call for full or partial repayment.

    Chapter 15 deals with cases of cross-border insolvency.

 

Answer:
    The Office of the United States Trustee is an Executive Branch agency within the Department of Justice. Its function is to oversee the administration of bankruptcy cases. The U.S. Trustee establishes and supervises a panel of private trustees in chapter 7 cases, appoints standing trustees in chapter 13 cases, and appoints case trustees in chapter 11 and chapter 12 cases. The U.S. Trustee monitors the administration of chapter 11 cases by, among other things, reviewing disclosure statements and plans of reorganization, and monitoring post-confirmation plan performance. The U.S. Trustee also monitors bankruptcy cases for possible crimes which may be reported to the United States Attorney. For more information about the Office of the U.S. Trustee contact:

Howard M. Metzenbaum U.S. Courthouse
201 Superior Avenue
Cleveland, Ohio 44114
(216) 522-7800

 

Answer:
    A witness is entitled to compensation of $40.00 per day for attendance in the courts of the United States pursuant to 28 U.S.C. section 1821. In addition a witness who travels by private vehicle will receive 48.5 cents per mile, the same rate that applies to government employees on official travel. Charges for toll roads, bridges, tunnels, ferries, taxicab fares, and parking fees (upon presentation of a valid parking receipt) will be paid in full. Other reimbursable travel and subsistence expenses are outlined in 28 U.S.C. section 1821.

Answer:
    The Local Rules can be downloaded from this web site under the Research and Forms menu.

Answer:
    Bankruptcy forms are available in the under the Forms & Publications menu of this web site.  Most office supply stores, and businesses that carry legal forms sell bankruptcy forms with instructions.

Answer:
    Where a debtor files depends on where he or she resides or has his or her principal place of business or principal assets. The counties and filing locations for the Northern District of Ohio are:

Answer:
    The Office of the United States Trustee reviews complaints about possible fraudulent filings and, if appropriate, notifies the U.S. Attorney for further investigation. For more information on reporting suspected bankruptcy fraud, go to http://www.usdoj.gov/ust/eo/fraud/index.htm, or contact the United States Trustee at:

Howard M. Metzenbaum U.S. Courthouse
201 Superior Avenue, Suite 441
Cleveland, Ohio 44114
(216) 522-7800

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 Northern District of Ohio.