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I am a creditor in an asset case. How long before I can expect a dividend payment?
The Court cannot answer this question. It is dependent upon the length of time it takes the trustee to liquidate the assets in a case. There are times when liquidation involves lengthy and complex litigation.
I have received a Notice and Summary of the Trustee's Final Report and Account. How long will it be before I receive payment on my claim?
Once the Notice and Summary of the Trustee's Final Report and Account has been sent to all creditors, it takes approximately 6 to 8 weeks before the money is distributed to creditors. If opposition is filed to the final report and account, a hearing is scheduled. Should this occur, the monies in a case cannot be distributed until the matter has been resolved.
I am a creditor in a case that has converted to another chapter. Is it necessary for me to file another Proof of Claim?
No, once you have filed a Proof of Claim with the Court, it is recorded on a claims register and is considered part of the case regardless of conversion to another chapter.
How do I file for Relief from the Automatic Stay?
In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.
The filing fee for a Motion for Relief from the Automatic Stay is $188.00.
How do I get the Bankruptcy removed from my credit report?
The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls 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. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters.
You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems. For information on credit practices, contact (202) 326-3224.
What is a Motion?
A motion is a written formal statement in which the party who is requesting an action, the movant, sets forth his grounds for the action requested. The party against whom the action is requested is the respondent.
I am a Child Support Creditor. How can I determine whether my child support debt is non-dischargeable? Do I have to pay a fee for this?
Certain child support debts are excepted from discharge. By filing the appropriate form with the Clerk's office you do not need to pay a fee for the Court to make this determination. You can find this form on the Forms Page of this web site.
Which amendments require fees?
The fee should be assessed per filing. Thus, if an amendment is filed which contains more than one change to the schedule of creditors or list of creditors, only one $32.00 fee should be charged. Examples of amendments which require a fee include: adding creditors, deleting creditors, changing the amount specified as being owed to a creditor, or changing the classification of a debt. A fee should not be charged, however, when the nature of the amendment is simply to change the address of a listed creditor. Federal Rule of Bankruptcy Procedure 2002(g) provides that creditors may request that notices be sent to them at any address they may direct. Moreover, the only document that would need amending in such circumstances is the mailing list or matrix; there is no need to amend a schedule when the only change is an updated address. Additionally, no fee should be charged if the amendment adds the name and address of an attorney for a creditor listed on the original schedules so that the attorney can receive copies of all notices. The attorney is not being added as a creditor.