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Frequently Asked QuestionsClick on the following link to view or print an informational booklet that the Administrative Office of US Courts has to explain the bankruptcy process. Click the following link to view a web page that provides information to individuals who are thinking of filing a bankruptcy petition without an attorney. Electronic Public Access Fee Schedule How do I find out if a party has filed a bankruptcy petition? How do I obtain a proof of claim form? Is the claims bar date for government agencies the same as for other creditors? What are the bankruptcy fees for filing documents? How can I obtain copies of documents? How can I access court dockets by computer? How do I order transcripts of court hearings? Do I need an attorney to file bankruptcy? How do I file for Relief from the Automatic Stay? How do I find out who the trustee is in a case? How do I get certified copies of documents? How do I obtain case information? How do I obtain a copy of my discharge? How do I participate in a case pro hac vice? How long does a bankruptcy remain on my credit report? What are the federal holidays? What if the case I'm interested in is closed or archived? What is a Bankruptcy Discharge? What is a section 341(a) meeting of creditors? In an adversary proceeding, is there a filing fee for a third-party complaint? What is the difference between Chapters 7, 11, 12 and 13 Who do I notify about a possible fraudulent filing? What will happen to my case if I filed bankruptcy before and did not pay the entire filing fee? Is it permissible that attorneys sign amendments to bankruptcy schedules? How do I find out if a party has filed a bankruptcy petition? You can call the automated Voice Case Information System (VCIS)at phone number 412-355-3210 to find out whether a party has filed bankruptcy. You may also check the records available in the Clerk's Office. The clerk does not charge a fee for either of these services. There is a $26.00 fee for the clerk to search the records including a search to determine if a party has filed bankruptcy. You can also access the PACER system which is discussed under the topic titled "Computer access to court dockets." How do I obtain a proof of claim form? For Pittsburgh cases: To obtain a proof of claim form, send a request for the form and a self-addressed stamped envelope to: Claims Clerk United States Bankruptcy Court P.O. Box 165 Pittsburgh, PA 15230 Click on the following link for a proof of claim form for Pittsburgh cases in PDF format. Click on the following link for a proof of claim form for Pittsburgh cases in Editable PDF format.
For Erie cases: To obtain a proof of claim form, send a request for the form and a self-addressed stamped envelope to: Claims Clerk United States Bankruptcy Court U.S. Courthouse, Room B160 17 South Park Row Erie, PA 16501 Click the following link for a proof of claim form for Erie cases in pdf format. Click the following link for a proof of claim form for Erie cases in Editable PDF format.
Is the claims bar date for government agencies the same as for other creditors? No, it is not. Section 502(b)(9) of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 3002(c) provide that governmental agencies have 180 days after the order for relief to file claims in a bankruptcy case. Congress added the 180-day period in 1994 to give governmental agencies extra time to file their claims. What are the bankruptcy fees for filing documents? These fees are in effect as of October 1, 2008 Specific filing fees are charged when certain documents are filed in the case. There are also fees for specific services performed by the Clerk's Office. The following fees are the most common fees that may need to be paid by parties to the bankruptcy case:
The Judicial Conference Schedule of Fees lists additional fees in bankruptcy cases. How can I obtain copies of documents? There is a fee for copy work. For Pittsburgh and Johnstown division cases call 412-644-2700 to obtain copies of documents filed in bankruptcy cases. For Erie division cases call 814-464-9740. How can I access court dockets by computer? The PACER system allows you to access docket sheets for bankruptcy cases and proceedings if you have a computer and modem. The fee for accessing the PACER service via the internet (Web PACER) is 8 cents per page. In order to register for PACER, call the PACER Service Center at 800-676-6856. How do I order transcripts of court hearings? For Pittsburgh Cases: Generally, the hearings before bankruptcy court judges are recorded electronically. There is a fee of $26 per tape to reproduce tapes of hearings. There is a fee of $4.40 per page when an expedited transcript is ordered, and a fee of $3.30 for normal transcript delivery. You can have an order form mailed to you by mailing the clerk your request with a self-addressed stamped envelope. For Erie Cases: A court reporter is present at hearings held in the Erie division. Requests for transcripts of hearings held in Erie should be made to: Ferguson & Holdnack357 West Tenth Street Erie, PA 16502 Phone: (814) 452-4556. Transcripts and/or tapes may be ordered from the Court for any hearing held in Pittsburgh or Johnstown, PA.
Do I need an attorney to file bankruptcy? While it is possible to file a bankruptcy case without the assistance of an attorney, it may be difficult to do so successfully. It is recommended that a person considering bankruptcy consult with an attorney prior to filing a case. Your local bar association may have information on lawyer referral programs or free legal clinics in your area. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. 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, a Motion for Relief from the Automatic Stay or a Stipulation for Relief from the Automatic Stay must be filed with the Bankruptcy Court. Hiring an attorney for assistance is highly recommended. The filing fee for a Motion for Relief from the Automatic Stay is $150.00. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. How do I find out who the trustee is in a case? The trustee's name and address is printed on the notice of the section 341(a) meeting of creditors. You also may obtain the trustee's name through VCIS or PACER. How do I get certified copies of documents? Certified copies of documents are available directly from the clerk. The cost is $9.00 per certification plus $.50 per page for the copies. Please specify the name of the document to be certified and the document number. There is an additional file search fee of $26.00 for mail requests that do not provide a case and document number. How do I obtain case information? You can call the automated Voice Case Information System (VCIS) at phone number 412-355-3210 to find out whether a party has filed bankruptcy. You may also check the records available in the Clerk's Office. The clerk does not charge a fee for either of these services. There is a $26.00 fee for the clerk to search the records including a search to determine if a party has filed bankruptcy. You can also access the PACER system which is discussed under the topic titled "Computer access to court dockets. " How do I obtain a copy of my discharge? Call the Clerk's Office and a deputy clerk will instruct you on how to obtain copies of a discharge order. The instructions will vary depending on the location of the case file. The case file will either be at the Clerk's Office or the National Records Center. How do I participate in a case pro hac vice? An attorney who is not admitted to the Federal District Court Bar in the Western District of Pennsylvania may be permitted to participate in a case upon submitting a motion for entry of appearance pro hac vice. Local Bankruptcy Rule 9010.1 governs admission to practice. How long does a bankruptcy remain on my credit report? The fact that an individual filed bankruptcy can remain on a credit report no longer than 10 years under provisions of the Fair Credit Reporting Act. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. What are the federal holidays?
What if the case I'm interested in is closed or archived? Closed cases are kept at the Clerk's Offices for a limited amount of time due to a lack of storage space. Cases in the Pittsburgh division are not sent to the Records Center until the case has been closed for at least one year. The Erie division may ship a case to the Records Center at any time after the case is closed because of space limitations. To retrieve a case at the Federal Records Center, you need the accession, location and box number. This information can be obtained by calling the Clerk's Office. There is a retrieval fee of $45 for retrieving the file to the Clerk's Office for your review. The Records Center also has a special program that allows you to obtain copies of documents directly. The Clerk's Office has information on contacting the Federal Records Center. You will need the accession, location and box number prior to contacting the center. National Archives and Records Administration Order for Copies of Bankruptcy Cases form What is a Bankruptcy Discharge? EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited: The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. 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. 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. Debts That are Discharged: The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. No, nothing in the Bankruptcy Code or Rules requires that a discharge order entered after the death of the debtor reference the debtor's death. Rule 1016 of the Bankruptcy Rules specifically provides that a chapter 7 bankruptcy case should be administered, so far as possible, as though the death had not occurred. Further, commentary in legislative history provides that if a debtor dies during the bankruptcy case, the discharge will apply in personam to relieve the debtor, and thus his probate representative, of liability from discharged debts. If a chapter 11, 12, or 13 case is pending when the debtor dies, the case may be dismissed or may proceed if further administration is possible and in the best interest of the parties. See Federal Rule of Bankruptcy Procedure 1016. 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 or 13 case, a panel or standing 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 be represented by counsel or attend the meeting. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. 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. An order granting the relief requested must be attached to each motion filed. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. In an adversary proceeding, is there a filing fee for a third-party complaint? No, there is no filing fee for a third-party complaint. A filing fee has already been paid for filing the original complaint (unless a filing fee exception applied). What is the difference between Chapters 7, 11, 12 and 13? 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, if any, liquidates it for cash and uses the proceeds to pay creditors according to priorities of the Bankruptcy Code. 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 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. Corporations cannot file under Chapter 13 of the Bankruptcy Code. Chapter 12 allows family farmers 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. The eligibility requirements are restrictive and limits its use to those whose income arises primarily from a family-owned farm. 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 . For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court for the Western District of Pennsylvania. 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: Office of the U.S. Trustee1001 Liberty Avenue, Suite 970 Pittsburgh, PA 15222 Phone: 412-644-4756 What will happen to my case if I filed bankruptcy before and did not pay the entire filing fee? A Bankruptcy Judge may take any of the following steps when a bankruptcy case is dismissed, the entire filing fee has not been paid, and the debtor tries to file another case within 180 days of the entry of the dismissal order: (1) dismiss the case for failure to abide by an order of the court pursuant to §109(g)(1) of the Bankruptcy Code; (2) refuse to allow the debtor to pay the filing fee for the current case in installments; or (3) take other action that is appropriate for the case. If the debtor files a case after 180 days, the court can deny a motion to pay the fee in installments based on the failure to pay previous fees. Is it permissible that attorneys sign amendments to bankruptcy schedules? No. Bankruptcy Rules of Procedure 1008 and 9011 specifically state that the debtor is the only person authorized to sign amendments. |
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Updated: October 7, 2008