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Frequently Asked Questions By Those
Without Attorney
- What is Bankruptcy?
- Does your office provide the forms needed to file a bankruptcy petition?
- Is there a fee to file bankruptcy?
- Can you recommend an attorney or give legal advice to me?
- Do I need credit counseling before I file my case?
- Where do I file my case?
- What is a creditor matrix?
- What is a Chapter 7 Means Test?
- How do I correct or add information to my case after it has been filed?
- If I am a debtor, how do I report a change in my address to the Court?
- How can I obtain information about my case or get a hard copy of my bankruptcy papers?
- What are the consequences of filing for bankruptcy?
- How do I get the bankruptcy removed from my credit report?
- What is the wording for a “Certificate of Service?”
- I am a creditor and I filed a proof of claim, why am I not getting paid?
- What is Bankruptcy?
Answer: A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy
Code).
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- Does your office provide the forms needed to file a bankruptcy petition?
Answer: Yes. Please see the Official
Forms.
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- Is there a fee to file bankruptcy?
Answer: Yes. Please see the Pro Se Fee Information.
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- Can you recommend an attorney or give legal advice to me?
Answer: No. A bankruptcy case is a legal proceeding affecting the rights of the debtors, creditors and other parties in interest. Pursuant to 28 U. S. C. 955,
clerk’s
office staff are prohibited from giving information which may be characterized as legal advice.
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- Do I need credit counseling before I file my case?
Answer: You must attend an approved credit counseling course prior to filing your bankruptcy petition if you are an individual (or spouse filing jointly) filing under
Chapter 7, 11, 13, or your bankruptcy case may be dismissed. Please see the U. S. Trustee’s List of Approved Credit Counseling Agencies.
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- Where do I file my case?
Answer: The United States Bankruptcy Court for the Western District of Texas has 5 divisional offices of the Clerk of Court. The specific location for filing bankruptcy petitions or other documents
is determined by the county in which the debtor resides or has its principal place of business or principal assets. Please see the Judges/Clerk’s Offices link.
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- What is a creditor 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: 1. Matrix
Specifications (PDF), Matrix Verification (PDF), and Sample Matrix (PDF).
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- What is a Chapter 7 Means Test?
Answer: As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 which became effective on October 17, 2005, a “means test” has been
instituted to determine whether or not a debtor is entitled to a Chapter 7 Discharge, or whether such debtor must convert the case to one under another chapter of the Bankruptcy Code.
The basic purpose of the means test is to compare monthly income and expenses to determine whether or not a Chapter 7 discharge would constitute an “abuse” of the provisions
related to Chapter 7 in the Bankruptcy Code.
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- How do I correct or add information to my case after it has been filed?
Answer: The information contained in your petition, schedules and statement of affairs is submitted under penalty of perjury. Therefore, you must be certain that it is correct when you sign these
documents. If, however, you later discover that something is inaccurate, the documents may be corrected by the filing, typically well before the case is closed, of an amendment of the document(s)
with the Clerk’s Office where the petition was filed.
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- If I am a debtor, how do I report a change in my address to the Court?
Answer: It is the debtor’s responsibility to keep the Court updated of any change in address for noticing purposes. The debtor must file a Letter of Change of address stating your name and
case number with the Court immediately upon change.
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- How can I obtain information about my case or get a hard copy of my bankruptcy papers?
Answer: If you file as a pro se (without an attorney) debtor, it is your responsibility to retain copies of your documents, however, should you need additional copies, you may contact the clerk’s
office for assistance.
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- What are the consequences of filing for bankruptcy?
Answer: Depending on a debtor’s financial condition and reasons for filing, the consequences of filing for bankruptcy protection may outweigh the benefits. Not all debts are dischargeable.
The Bankruptcy Code imposes several time limitations during the course of a case. Failure to adhere to this deadlines may result in the dismissal of your case. Submission of fraudulent
information or commission of certain acts by the debtor can be grounds for denial of discharge and can give rise to criminal charges.
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- How do I get the bankruptcy removed from 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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- What is the wording for a “Certificate of Service?”
Answer: A Certificate of Service is usually on the last page of any document that you are required to serve on parties in interest in your case. The standard Certificate of Service states:
CERTIFICATE OF SERVICE
I certify that on (insert date) a true and correct copy of (insert name of documents you are serving) were served upon the following parties by regular first class mail (list names and
addresses of parties on whom the documents are being served and be sure to include the case trustee and the U. S. Trustee).
__________________________________________________________
Signature of person doing the mailing Date served
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- I am a creditor and I filed a proof of claim, why am I not getting paid?
Answer: If the case is a chapter 7 and the trustee has collected assets to be reduced to cash and distributed to the creditors, a notice is sent to the creditors to file a proof of claim. Depending
upon the type of assets, it may take quite some time to reduce them all to cash. Ultimately, the total funds available for distribution may not exceed the amount of administrative expenses
(i.e., trustee’s statutory fees, professional fees incurred in collecting and reducing the assets to cash) and priority claims (i.e., taxes, etc.) so there is nothing left to distribute
to the unsecured creditors. In any event, distribution from the estate to creditors is usually not made until the case is almost ready to close.
In chapter 11, 12 and 13, payments are made pursuant to the confirmed plan which governs who gets paid, how much and when. For example the plan may dedicate the first few payments to bringing
delinquent payments to secured creditors current before making any distributions to the unsecured creditors. Additionally it may take a few months to build up enough money to send a payment
to unsecured creditors. Another reason that payments to creditors may be delayed or interrupted is if the debtor stops making payments for some reason. In that situation, either the debtor
may be filing an amended plan, or the trustee will prepare a motion to dismiss the case unless the payments are brought current.
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