FAQs

  • DeBN Frequently Asked Questions
  • Can I file Amended Schedules with an Amended Matrix?

    Many petitioners are filing separate amended schedules adding creditors and amended matrixes and are paying a $31.00 fee for each of these. Please review the proper procedure for filing these schedules and matrixes to alleviate paying the filing fee twice.

  • How do I file an Amended Matrix?

    If you are adding eight (8) or less creditors, use the Amended Matrix cover sheet. Please use the cover sheet and place the creditor address on the cover sheet (thus only one page is filed). Gummed labels can be used. If you are adding more than eight (8) creditors, complete only the heading on the cover sheet and submit the list of creditors in a scannable format (i.e. one column down the center of an otherwise blank page). Attach the list to the cover sheet and file it to be scanned into the system. Do not submit any creditors that have been previously submitted.

  • What do I need to file when filing a Bankruptcy Case with the Court?

    Checklists are available on the court's local forms page for the following case types:

    • Checklist for Chapter 7 case
    • Checklist for Chapter 11 case
    • Checklist for Chapter 12 Case
    • Checklist for Chapter 13 case
    • Checklist for an Adversary Case
    • Involuntary Case
  • What is the Post Judgment Interest Rate?

    For post judgment interest rate information, visit the Post Judgment Interest Rate page on the site maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary.

  • Who do I notify about a possible fraudulent filing?

    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 contact: The U.S. Trustee’s Office at (801) 524-5734.

  • Where can I obtain petition forms?

    This website offers local forms only. National forms are made available by the Federal Judiciary, along with instructions and committee notes. Petition forms can also be found from other sites on the Internet or at most office supply stores, or from businesses that sell legal forms .

  • What is the function of the U.S. Trustee?

    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 chapter12 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.

  • What is the difference between chapters?

    Chapter 7

    Individuals, corporations and partnerships are eligible. A trustee is appointed to liquidate the estate. State law determines what portion of his property a debtor may keep by claiming he is exempt. The trustee will sell the rest of the debtor's property and distribute the proceeds to creditors. If all the debtor's property is exempt, the case will be a "no-asset case, " with no distribution to creditors.

    Chapter 11

    Although individuals may file a petition under Chapter 11, it is primarily designed for the rehabilitation of distressed businesses. The court's largest and most complex cases are usually Chapter 11 cases. When a Chapter 11 petition is filed, the debtor becomes a "debtor-in-possession" with rights and duties of a trustee. No trustee will be appointed in the case unless some interested party motions the court to do so and shows sufficient "cause" (e.g. fraud or mismanagement on the part of the debtor). A committee of unsecured creditors is usually appointed in Chapter 11 cases to act as a counterbalance to management. The Chapter 11 debtor's ultimate goal is to file a plan of reorganization that is acceptable to creditors and the court.

    Chapter 12

    This chapter was enacted into law by the 99th Congress in 1986 to provide relief for family farmers with a regular income. Chapter 12 is patterned very closely after a Chapter 13, but has attributes of Chapter 11 as well. Individual, corporate or partnership farming operations are eligible to file where aggregate debts (secured and unsecured ) do not exceed $1,500,000.00. A plan must be filed within 90 days of the entry of the order for relief, unless the court extends that time. The trustee, though appointed upon filing, does not remove the family farmer debtor-in-possession. After confirmation, payments are made to the trustee to consummate the plan.

    Chapter 13

    This chapter provides a way for individuals with a regular source of income to pay off their debts over a period of time and under the courts and trustee's supervision. Corporations and partnerships may not file under Chapter 13. Individuals may file only if their unsecured debts do not exceed $336,900.00 and their secured debts do not exceed $1,010,650.00. A plan is filed with the petition or immediately after. Payments are made to the Chapter 13 "Standing trustee," who makes distribution to creditors according to the provisions of a confirmed plan. The debts may be paid back in whole or in part, depending on what the debtor is able to do.

  • What is a section 341(a) meeting of creditors?

    Section 341(a) 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.

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