How can I get information about a case (debtor's name, case number, chapter)?
Frequently Asked Questions (answers)PACER (Public Access To Court Electronic Records) A web-based format that allows anyone with internet access and a PACER login from the court to access official court records via the internet at https://ecf.wiwb.uscourts.gov
What should the debtor do if he or she moves before the chapter 7 case is closed?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...The debtor should immediately notify the bankruptcy court in writing of the new address. Because most communications between a debtor and the bankruptcy court are by mail, it is important that the bankruptcy court always have the debtor's current address. Otherwise, the debtor may fail to receive important notices and the chapter 7 case may be dismissed. Many courts have change-of-address forms for debtors to use when they move, and the debtor should obtain one if a move is planned.
Up 6. Can a debtor receive a second discharge in a later chapter 7 case?
Bankruptcy FAQ with expert answers to top 50 questionsA discharge will be denied in a later chapter 7 case if the debtor has been granted a discharge under chapter 7 or chapter 11 in a case filed within six years before the second petition is filed.
When must a debtor appear in court in a chapter 7 case and what happens there?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...The first court appearance is for a hearing called the "meeting of creditor." This hearing usually takes place about a month after the case is filed. At this hearing the debtor is put under oath and questioned about his or her debts and assets by the hearing officer or trustee. In most chapter 7 consumer cases no creditors appear in court; but any creditor that does appear is usually allowed to question the debtor.
What secured property may a debtor retain or redeem in a chapter 7 case?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...A debtor may retain and redeem certain secured personal and household property, such as household furniture, appliances and goods, wearing apparel, and tools of trade, without payment to the secured creditor, if the property is exempt and if the mortgage or lien against the property was not incurred for the purpose of financing the purchase of the property.
What is the role of the attorney for a consumer debtor in a chapter 7 case?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...The debtor's attorney performs the following functions in the chapter 7 case of a typical consumer debtor.. Analyze the amount and nature of the debts owed by the debtor and determine the best remedy for the debtor's financial problems.
When does a debtor have to appear in court in a chapter 13 case?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...Most debtors have to appear in court at least twice: once for a hearing called the meeting of creditors, and once for a hearing on the confirmation of the debtor's chapter 13 plan. The meeting of creditors is usually held about a month after the case is filed. The confirmation hearing may be held on the same day as the meeting of creditors or at a later date The debtor's testimony should not be lengthy at either hearing, however.
What if the debtor later decides to discontinue the chapter 13 case?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...The debtor has the right to either dismiss a chapter 13 case or convert it to chapter 7 at any time for any reason. However, if the debtor simply stops making the required chapter 13 payments, the court may compel the debtor or the filed employer to make the payments and to comply with the orders of the court. Therefore, the debtor who wishes to discontinue a chapter 13 case should do so through his or her attorney.
What if the debtor incurs new debts or needs credit during a chapter 13 case?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...Only two types of credit obligations or debts incurred after the filing of the case may be included in a chapter 13 plan. These are: consumer debts arising after the filing of the case that are for property or services necessary for the debtor's performance under the plan and that are approved in advance by the chapter 13 trustee. All other debts or credit obligations incurred after the case is filed must be paid by the debtor outside the plan.
How much is the debtor required to repay in chapter 13?
Debtor FAQs & Creditor FAQs | Cary Bankruptcy Lawyer, Chapte...It depends on numerous factors. The amount paid to unsecured, nonpriority creditors ranges between 0% to100% with interest depending on the case.
Question 1: How do I get a case number?
HUD FAQ - FHAAnswer: Case numbers are requested through the FHA Connection. Access FHA Connection, go to Single Family Origination, go to Case Processing and then go to Case Number Assignment. You may also use an alternative service provider, such as ECHO Connection Plus as long as their capabilities are the same as the FHA Connection.
Return to top 5. I am a creditor in a Chapter 7 case. When can I expect payment?
U.S. Bankruptcy Court - District of Colorado - FAQsEach case is different. First, there must have been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors.
When is chapter 13 preferable to chapter 7 for a debtor?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...wishes to repay all or most of his or her unsecured debts and has the income with which to do so within a reasonable time, has valuable nonexempt property or has valuable exempt property securing debts, either of which would be lost in a chapter 7 case, has one or more substantial debts that are dischargeable under chapter 13 but not under chapter 7, or has sufficient assets with which to repay most debts, but needs temporary relief from creditors in order to do so.
Can a Chapter 13 Debtor sell any of his or her assets while in Chapter 13?
Bankruptcy Questions, Lawyer, Attorney in South Carolina,SC,...Yes, after applying for obtaining court permission. The Debtor can keep the funds generated from the sale if the funds would have been exempt in a Chapter 7. If an asset is sold and the sale results in payment of a secured creditor that had been receiving money from the trustee, the Debtor may also seek to have the trustee payment lowered.
Why would a debtor choose to file chapter 13 over chapter 7?
Debtor FAQs & Creditor FAQs | Cary Bankruptcy Lawyer, Chapte...Under certain circumstances a debtor may be able to modify a secured debt such as a vehicle or mobile home. The debtor may have the need for bankruptcy relief for future bills and wants to hold open the possibility for conversion or refilling [e.g. anticipated medical bills].
How long will you retain the information on my debtor?
Debt Recovery, Debt Collection Fidelity Information Corporat...We will maintain a debtor database for several years. If you have opted to report to the credit bureaus we will maintain that database for up to seven years. We are responsible to respond to any disputes by the debtor and we will continue to update the debtor profile and email you any changes. Additionally, because the debtor database is maintained, you are able to log in and update the account as to correspondence, change in balance or address and even send an additional set of letters.
Do you share debtor information ?
NCCS National Credit & Collection ServicesNo! Information released to us is kept strictly CONFIDENTIAL and never shared, sold, or released to any unauthorized parties. It is against our policy to use any information collected for any purpose other than the collection of debts owed to your company.
I entered my case number but no case information was found. What should I do?
OFLC Frequently Asked Questions and AnswersFirst, check to make sure you entered the correct case number. Even a slight variation from the correct number can cause no case information to be found. If you are sure you entered the correct case number and no case information is found, contact the appropriate BEC that has your case at Dallas info@dal.dflc.us or Philadelphia info@phi.dflc.us.
What should the debtor do if he or she moves while the case is pending?
Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...The debtor should immediately notify the bankruptcy court and the chapter 13 trustee in writing of the new address. Most communications in a chapter 13 case are by mail, and if the debtor fails to receive an order of the court or a notice from the chapter 13 trustee because of an incorrect address, the case may be dismissed. Many courts have change-of-address forms that may be used if the debtor moves.
How do I get more information from a case I find on the U.S. Party/Case Index?
Frequently Asked QuestionsTo retrieve more information on a particular case found while searching the U.S. Party/Case Index, access the PACER system for the jurisdiction where the case resides. This is indicated by the court abbreviation provided with each hit on the U.S. Party/Case Index. For most hits on U.S. Party/Case Index, the Case Number will be a link to the case summary information at that court's PACER site. All you need to do is click the case number.
