FAQ
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In this area of our site, you will find the answers to the frequently asked questions.
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Requested and Answered by SharonH on 23-Feb-2006 18:47 (1842 reads)
The information contained in documents filed in bankruptcy cases are a matter of public record, and can be reviewed by members of the general public. The documents can be reviewed by members of the public in the Clerk's Office during regular business hours or, for attorneys and creditors who have access to PACER, over the Internet 24 hours a day.
Access to pleadings and papers filed in bankruptcy cases is not restricted unless there is some good basis for "sealing" information that is contained in them. To have a document filed "Under Seal" or "In Camera," a motion must be filed explaining the need to protect the information in that document from public view.
If you are a debtor, you should be aware that the filing of bankruptcy may affect your credit rating. Several reporting agencies report bankruptcy information and statistics to the public, and credit reporting agencies also regularly collect bankruptcy information.
Access to pleadings and papers filed in bankruptcy cases is not restricted unless there is some good basis for "sealing" information that is contained in them. To have a document filed "Under Seal" or "In Camera," a motion must be filed explaining the need to protect the information in that document from public view.
If you are a debtor, you should be aware that the filing of bankruptcy may affect your credit rating. Several reporting agencies report bankruptcy information and statistics to the public, and credit reporting agencies also regularly collect bankruptcy information.
Requested and Answered by SharonH on 23-Feb-2006 18:45 (966 reads)
If you have information about someone who may be committing fraud in a bankruptcy case, you should notify the Office of the United States Trustee. In order to expedite the handling of complaints for criminal violations in the bankruptcy system, the United States Trustee requires that your information about the fraud be submitted in a signed letter, bearing your return address and telephone number to:
Office of the United States Trustee
701 Broadway, Suite 318
Nashville, TN 37203
Your letter should contain the following information:
The bankruptcy case name and file number, together with copies of any pertinent court filings.
A chronological summary of the matter.
A narrative of what occurred.
Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.
Copies of any documentation you have to support your complaint of bankruptcy fraud should be included with your letter.
Upon receipt, your letter will be reviewed promptly. If the information it provides establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. The United States Attorney will cause the matter to be investigated further by the appropriate law enforcement agency and then will determine whether there is sufficient evidence to prosecute the bankruptcy fraud.
Office of the United States Trustee
701 Broadway, Suite 318
Nashville, TN 37203
Your letter should contain the following information:
The bankruptcy case name and file number, together with copies of any pertinent court filings.
A chronological summary of the matter.
A narrative of what occurred.
Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.
Copies of any documentation you have to support your complaint of bankruptcy fraud should be included with your letter.
Upon receipt, your letter will be reviewed promptly. If the information it provides establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. The United States Attorney will cause the matter to be investigated further by the appropriate law enforcement agency and then will determine whether there is sufficient evidence to prosecute the bankruptcy fraud.
Requested and Answered by SharonH on 23-Feb-2006 18:43 (968 reads)
The Middle District of Tennessee Local Bankruptcy Rules are available at the following link: http://www2.tnmb.uscourts.gov/modules/wfsection/html/local_rules_with_10-17-05_interim_changes.pdf
Requested and Answered by SharonH on 23-Feb-2006 18:40 (1363 reads)
If you have been listed as a creditor in a bankruptcy case, you will receive a written notice from the Clerk's Office in the mail after the bankruptcy has been filed. The notice will tell you if there is a deadline for filing claims. If a deadline for filing claims is contained in the notice, you will also receive a proof of claim form.
If the original notice you receive from the Clerk's Office does not contain a deadline for filing proofs of claim (which is usually the case in Chapter 7 cases), you may receive a "Notice to File a Proof of Claim," along with a claim form, once the trustee determines that there are assets in the case. This notice will also have a deadline for filing claims on it.
If you are informed of a claim deadline, but do not receive a claim form to fill out, you may obtain one from the Clerk's Office or from the Court web site.
The claim form should be filled out completely and should include any attachments needed to support your claim. DO NOT SUBMIT ORIGINAL backup up documentation to support your claim; it will not be returned to you. The original claim must have your signature on it (not a stamp or copy), preferably in blue ink. You must return the original of your completed claim, with all attachments, to the Clerk's Office by the deadline for filing claims. This means the Clerk's Office must receive the claim form by that date, not that you mail it by that date. You must also send a complete copy of your claim to the case trustee and the debtor. Their addresses will be included in the notice you receive from the Clerk's Office.
If you wish to have a conformed copy of your claim returned to you, please bring an extra for yourself, or if you are mailing it, include an extra copy with a self addressed, stamped envelope with enough postage to cover return mailing costs. The Clerk will file stamp the extra copy and return it to you.
Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the notice of filing bankruptcy that you receive from the Clerk's Office
If the original notice you receive from the Clerk's Office does not contain a deadline for filing proofs of claim (which is usually the case in Chapter 7 cases), you may receive a "Notice to File a Proof of Claim," along with a claim form, once the trustee determines that there are assets in the case. This notice will also have a deadline for filing claims on it.
If you are informed of a claim deadline, but do not receive a claim form to fill out, you may obtain one from the Clerk's Office or from the Court web site.
The claim form should be filled out completely and should include any attachments needed to support your claim. DO NOT SUBMIT ORIGINAL backup up documentation to support your claim; it will not be returned to you. The original claim must have your signature on it (not a stamp or copy), preferably in blue ink. You must return the original of your completed claim, with all attachments, to the Clerk's Office by the deadline for filing claims. This means the Clerk's Office must receive the claim form by that date, not that you mail it by that date. You must also send a complete copy of your claim to the case trustee and the debtor. Their addresses will be included in the notice you receive from the Clerk's Office.
If you wish to have a conformed copy of your claim returned to you, please bring an extra for yourself, or if you are mailing it, include an extra copy with a self addressed, stamped envelope with enough postage to cover return mailing costs. The Clerk will file stamp the extra copy and return it to you.
Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the notice of filing bankruptcy that you receive from the Clerk's Office
Requested and Answered by SharonH on 23-Feb-2006 18:39 (1337 reads)
If you have been listed as a creditor in a bankruptcy case, you will receive a written notice in the mail from the Clerk's Office advising you that the case has been filed. This notice will also tell you whether or not you should file a claim in the bankruptcy case at that time, and the deadline for filing the claim if one is to be filed. The notice will also give you important deadlines for filing complaints to object to a debtor's discharge or dischargeability of certain debts.
In most Chapter 7 cases, the first notice you receive from the Clerk's Office will tell you not to file a claim. If the case trustee later finds that the chapter 7 case has assets, he will have the Clerk's Office send out a supplemental notice that sets a deadline for creditors to file claims, along with a proof of claim form. If you receive a notice that sets a deadline for filing claims, you should file a proof of claim with the Clerk's Office. The claim must be received by the Clerk's Office on or before the deadline indicated on the notice. If you are mailing your claim to the Clerk's Office, make sure you mail it well before the deadline so the Clerk's Office will receive it by the due date.
In Chapter 11, 12 and 13 cases, the first notice you receive from the Clerk's Office will contain a deadline for filing claims and will include a proof of claim form. If you want to share in the debtor's plan, you must file a proof of claim with the Clerk's Office by the deadline indicated on the notice. Your claim must be received by the Clerk's Office filed by the deadline (not mailed by that date).
If someone who owes you money has filed bankruptcy, but you have not received a written notice about the bankruptcy, you can submit to the Clerk's Office a written "Request to be Added to the Mailing Matrix." Include your mailing address in this request so that the Clerk's Office can add you to the matrix and send you future notices about the debtor's bankruptcy.
In most Chapter 7 cases, the first notice you receive from the Clerk's Office will tell you not to file a claim. If the case trustee later finds that the chapter 7 case has assets, he will have the Clerk's Office send out a supplemental notice that sets a deadline for creditors to file claims, along with a proof of claim form. If you receive a notice that sets a deadline for filing claims, you should file a proof of claim with the Clerk's Office. The claim must be received by the Clerk's Office on or before the deadline indicated on the notice. If you are mailing your claim to the Clerk's Office, make sure you mail it well before the deadline so the Clerk's Office will receive it by the due date.
In Chapter 11, 12 and 13 cases, the first notice you receive from the Clerk's Office will contain a deadline for filing claims and will include a proof of claim form. If you want to share in the debtor's plan, you must file a proof of claim with the Clerk's Office by the deadline indicated on the notice. Your claim must be received by the Clerk's Office filed by the deadline (not mailed by that date).
If someone who owes you money has filed bankruptcy, but you have not received a written notice about the bankruptcy, you can submit to the Clerk's Office a written "Request to be Added to the Mailing Matrix." Include your mailing address in this request so that the Clerk's Office can add you to the matrix and send you future notices about the debtor's bankruptcy.