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Debtor Frequently Asked Questions
- Does your office provide the
forms needed to file a bankruptcy petition? What about forms for motions, etc.?
- Will you help me fill them out?
- What is a matrix?
- What form of payment do you allow?
- Can I pay my filing fee in installments?
- Can my fee be waived?
- Do I have to have an attorney to file a bankruptcy case?
- What is the difference between Chapter 7, 11, and 13 cases?
- What is the automatic stay? When is it effective?
- How many copies of the bankruptcy petition, schedules, and matrix are necessary for me to file? How many copies are required
for filing all other documents?
- What is a trustee?
- What is a 341(a) meeting? Do I have to attend?
- Will I ever have to go before a judge?
- When will my case be closed?
- Why do you ship files to the Federal Records Center (FRC) in Fort Worth, Texas? How do I get my file from them if it has
already been shipped?
- How can I get my bankruptcy off of my credit report?
- When can I file bankruptcy again?
- I have a complaint about my attorney, who do I contact?
- Does your office provide the
forms needed to file a bankruptcy petition? What about forms for motions, etc.?
Answer: Yes. Official bankruptcy forms
are available from the Official Bankruptcy Forms section of this web site. Forms can also be purchased if you visit our one of our divisional
offices. Forms for motions are not available, however, you should follow bankruptcy motion practice as stated in the Federal
Bankruptcy Rules and Local Bankruptcy Rules.
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- Will you help me fill them out?
Answer: No. The bankruptcy petition forms are self-explanatory and you or your attorney must complete them. The bankruptcy clerk’s staff is prohibited from giving
legal advice which includes instruction on how to complete the forms. If you are acting as your own attorney, which is known as being Pro Se in latin, you will be responsible for all action
on your behalf during the bankruptcy.
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- What is a matrix?
Answer: A matrix is a list of all creditors in a bankruptcy case, including the names and addresses of each creditor. This list is used for electronic noticing
required during the course of your bankruptcy case. The matrix should be submitted at the time of the filing of your case. For more information click on the following: Matrix
Specifications (PDF), Matrix
Verificiation (PDF),
and Sample Matrix (PDF).
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- What form of payment do you allow?
Answer: The debtor in a case may make payment for their initial filing fee, any subsequent filing fees, service requests, etc. by cash (if in person), money
order, or cashier's check. No personal checks can be accepted on behalf of the debtor. Law firm checks or credit cards on behalf of the debtor are accepted.
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- Can I pay my filing fee in installments?
Answer: Yes. Bankruptcy Rule 1006 allows the debtor the right to apply for permission to pay the filing fee in installments.
The debtor must sign an Application and Order to Pay Filing Fee in Installments that states they are unable to pay the filing
fee except in installments. The application must state the proposed terms of the installment payments and that the applicant has neither paid any money nor transferred any property
to an attorney for services in connection with the case. The entire filing fee must be paid within 120 days of the filing of the petition in four (or less) installment payments.
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- Can my fee be waived?
Answer: : In lieu of paying the filing fee or filing an installment application, an individual chapter 7 debtor
may file an application for waiver of the filing fee along with the bankruptcy petition. The application must conform substantially to Official Form 3B and be filed at the time of the petition.
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- Do I have to have an attorney to file a bankruptcy case?
Answer: While it is possible to file a bankruptcy case, pro se, that is without the assistance of an attorney, it may be
difficult to do so successfully. It is recommended that a person considering bankruptcy consult with a competent attorney prior to filing a case. For information on lawyer referrals
contact the local bankruptcy bar association at State Bar of Texas.
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- What is the difference between Chapter 7, 11, and 13 cases?
Answer: See Bankruptcy Basics link.
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- What is the automatic stay? When is it effective?
Answer: The automatic stay protects the debtor from their creditors. It requires all collection efforts, any harassment, and all foreclosure actions be immediately
stopped by creditors when the case is filed. It permits the debtor to attempt a repayment plan or simply to be relieved of the financial pressures that drove them into bankruptcy.
The automatic stay also protects creditors. Without it, certain creditors would be able to pursue their own remedies against the debtor’s property. Those who acted first
would obtain payment of the claims thus, making it impossible for other creditors to collect anything. Bankruptcy is designed to provide an orderly liquidation procedure under
which all creditors with equal rights are treated equally. Parties who violate the automatic stay can, under certain circumstances, be held liable for damages and may be held
in contempt of court.
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- How many copies of the bankruptcy petition, schedules, and matrix are necessary
for me to file? How many copies are required for filing all other documents?
Answer: See Preferred Filing Procedures for the correct number
of copies.
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- What is a trustee?
Answer: A trustee is a person who works with the court to administer bankruptcy cases. In a Chapter 7 case, a trustee takes
possession of the debtor's assets, sells them, and distributes the proceeds to the creditors. In a Chapter 13 case, the trustee administers the debtor's plan of payment, collects
the funds, and pays the creditors. For more information about trustees, go to the U.S. Trustee web site.
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- What is a 341(a) meeting? Do I have to attend?
Answer: A 341(a) meeting is the first meeting with the debtor, trustee, and creditors. The U.S. Trustee or the appointed
trustee will conduct the meeting allowing the debtor to be examined by their creditors. The creditor may inquire about the debtor’s financial status, conduct and financial affairs,
and any other matters that are relevant to the administration of the debtor’s estate, including factors which bear on an individual debtor’s right to a discharge or to the
dischargeability of any particular obligation, or the debtor’s claimed exemptions. The debtor(s) must attend this meeting.
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- Will I ever have to go before a judge?
Answer: Individual debtors are eligible to receive their chapter 7 discharge 60 days from the date set for the 341(a) meeting
of creditors unless a party in interest objects to the discharge in a timely manner or the Court orders otherwise. A discharge will not be issued unless the debtor has filed with
the Court a statement regarding completion of a course in personal financial management as required by Rule 1007(b) 7.
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- When will my case be closed?
Answer: Since all cases bear unique circumstances, it is difficult to pinpoint an exact time that your case will be closed. Many Chapter 7 no asset cases are closed within 90-days from
filing if no disputes have arisen. Chapter 7 asset cases require that the trustee liquidate the assets which sometimes can take up to a year or longer. Chapter 13 cases remain open as long
as the plan payments are being made, generally for three to five years after the plan has been confirmed. Chapter 11 reorganization cases are more complicated and may remain open longer
than three years even if a plan has been confirmed.
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- Why do you ship files to the Federal Records Center (FRC) in Fort Worth, Texas? How do I get my
file from them if it has already been shipped?
Answer: Files are shipped to the FRC because of the limited physical space available at the clerk's office for storage. When
cases are closed, they are sent to the FRC for storage. You may request that we retrieve the file with a $35 retrieval fee or you may deal directly with the FRC using the Request
Form for Bankruptcy Case (PDF).
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- How can I get my bankruptcy off of my credit report?
Answer: The bankruptcy clerk does not report to any credit office, however, the bankruptcy records, docket
sheets, files, etc. are public record. Members of credit reporting agencies retrieve this public information through electronic services or with actual visits to the office. You may contact
credit agencies to update your records if desired. Further, credit reporting agencies are governed by various state and federal non-bankruptcy laws regarding the accuracy of their information.
You should contact an attorney concerning any problems as the clerk's office cannot provide legal advice.
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- When can I file bankruptcy again?
Answer: The court cannot grant a discharge to a debtor under Chapter 7 if they have been granted a discharge within six years
of the date of filing the petition. Sometimes there are prohibitions against filing a second or successive case(s), and sometimes there are not. Each case is different and it is strongly
suggested that you seek legal advice from a competent bankruptcy attorney on this matter.
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- I have a complaint about my attorney, who do I contact?
Answer: The written rules of professional conduct for lawyers are contained in the Disciplinary
Rules of Professional Conduct (for misconduct occurring on or after January 1, 1990), or the Code of Professional Responsibility (for misconduct occurring before January 1,
1990). If you have additional questions, you may contact the Office of the General Counsel, State Bar of Texas at 1-900-932-1900 or go to the State
Bar of Texas web site.
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