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FAQs

  • Discharge, How Do I Find Out Which Debts Were Included?

    The discharge order sent by the Clerk's Office will contain a general statement about the categories of debts that are discharged. The individual debts that are discharged will not be listed on the discharge order. Instead, the discharge order will provide that debts are discharged UNLESS there has been a separate order denying a discharge of a specific debt. If there are no such orders, the debtor can assume that it received a discharge of all debts which fall into the categories indicated in the discharge order. See Bankruptcy Code Sections 523, 727(b), 1141 and 1328(a) and consult a bankruptcy attorney for more information on categories of debts that qualify for a discharge in chapter 7 or chapter 13 bankruptcy cases.

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Discharge, How Do I Get A Copy?

  • Discharge, How Do I Get A Copy?

    Copy Sent By Clerk's Office: The Clerk's Office will mail a copy of the discharge to the debtor, the case trustee, and all creditors. The discharge will be mailed to the addresses shown in the debtor's list of creditors or in the schedules, whichever is filed later.

    Request a Copy Later - Copies of a discharge may be obtained using the same process used to obtain copies of any other document filed in a bankruptcy case. For information about obtaining copies of documents, refer to the "See Also" links below. 

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Bankruptcy Case, What If The One I Am Interested In Has Been Archived?
    Copies, How Do I Get Non-Certified Copies Of Documents?
    Document, How Do I Get a Certified Copy?
    Document, What If The One I Need Is Not On The Electronic Docket?

  • Discharge, When Is It Entered?

    A) In chapter 7 bankruptcy cases, the entry date of a discharge on the case docket depends upon whether a trustee or creditor objects to the debtor receiving a discharge. For information about non-dischargeability issues and proceedings, consult Bankruptcy Code Section 727 and Federal Rules of Bankruptcy Procedure Rule 4004.

    (1) The earliest date that a discharge will be entered on the case docket is shortly after the sixtieth (60th) day following the first date set for the 341(a) Meeting of Creditors. Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge. This sixty (60) day period ensures that a trustee and creditors have sufficient time to conduct investigations, and the court may extend the deadline if an appropriate motion to extend the filing deadline is filed before the sixty (60) day period expires.

    (2) The later date that a discharge will be entered is after other actions are taken, such as:

    1. A trustee or creditor can delay the entry of a discharge order by filing a complaint (adversary proceeding) objecting to the discharge within the sixty (60) day period mentioned above or by getting the court to extend the sixty (60) day deadline;
    2. A creditor or debtor can delay by filing a reaffirmation agreement;
    3. An individual debtor will cause a delay by not filing Certification of Completion of Instructional Course
    4. Concerning Personal Financial Management (Form 23). For requirements for filing proof of completion of the Certification of Completion of Instructional Course Concerning Personal Financial Management; and
    5. The U.S. Trustee filed a motion to dismiss the bankruptcy case under Bankruptcy Code Section 707(b), and the motion is still pending.

    (3) A discharge will not be entered in a chapter 7 case if:

    B) In Chapter 11 cases, if the debtor is an individual, a discharge may be entered once the debtor has completed making payments under the Chapter 11 plan. If the debtor is not an individual, the debtor must be entitled to a discharge, and if so, a discharge order may be entered once the Chapter 11 Plan is confirmed. For more information, see Bankruptcy Code Section 1141 and consult a bankruptcy attorney.

    C) In Chapter 13 cases, a discharge is usually entered once the debtor has completed making payments to creditors in accordance with the terms of the debtor's Chapter 13 Plan and the debtor has filed the Certification of Completion of Instructional Course Concerning Personal Financial Management (Form 23). For requirements for filing the Certification of Completion of Instructional Course Concerning Personal Financial Management, see FAQ Before Filing #16. Also see Bankruptcy Code Section 1328. In limited circumstances a debtor may be granted a discharge despite not complying with discharge rules. This is called a "hardship discharge." See section 1328(b) of the Bankruptcy Code. An attorney should be consulted to determine if this exception applies.

    Download Form:  Official Form 23

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Personal Financial Management Certificate, Do I Need To File This?
    Prior Bankruptcy, If I Had A Prior Bankruptcy, How Soon Can I Get Another Discharge?

  • Dismiss A Bankruptcy Case, Can The Court Do This If All Forms Are Not Filed?

    Avoid Dismissal of a Bankruptcy Case - In order for a bankruptcy case to proceed, it is a debtor's responsibility to provide the court with all information that is required by the law. If this information is not provided, a bankruptcy case may be dismissed without a debtor obtaining a discharge of debts.

    At the beginning of a bankruptcy case, if all of the required information is not filed with the court, the Clerk's Office will usually mail to the debtor a notice that identifies which documents or signatures are missing. The bankruptcy case will be dismissed without a hearing if this information is not provided within 14 days after a bankruptcy case is filed, unless permission is obtained from a judge to extend this deadline. Some items are due no later than 45 days after the bankruptcy case is filed, and after the 45-day period the court may dismiss a bankruptcy case without a hearing. In some cases, the court will prohibit a debtor from filing another bankruptcy case for 180 days or more.

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    No Related FAQs

  • Dismiss Or Convert A Bankruptcy Case, Can The Court Do This Without The Debtor's Consent?

    If a debtor is not complying with bankruptcy requirements, a trustee or creditor can file a motion to dismiss or convert a bankruptcy case under Bankruptcy Code Sections 706, 707, 1112 or 1307, or the court can set an Order to Show Cause re Dismissal/Conversion.

    DISMISSAL HAS SERIOUS CONSEQUENCES. If a bankruptcy case is dismissed at the request of a trustee or creditor, or by the court on its own motion, the debtor may be prohibited from filing another bankruptcy case for 180 days [Bankruptcy Code Section 109(g)] or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code Section 349).

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Dismiss Or Convert A Bankruptcy Case, Can The Debtor Voluntarily Do This?

    A) Voluntary Dismissal – A debtor can file a motion to voluntarily dismiss the bankruptcy case, but the court may or may not approve the dismissal depending upon the chapter number of the bankruptcy case and the prior history of the debtor in bankruptcy. IMPORTANT NOTE: Dismissal of a bankruptcy case has serious consequences. For example, if a bankruptcy case is voluntarily dismissed, it may affect a debtor's rights to the Automatic Stay in a future bankruptcy case. It is highly recommended to consult a bankruptcy attorney.

    Chapter 7 – See Bankruptcy Code Section 707 – Because a trustee is appointed, the trustee may file an objection to a request for voluntary dismissal, and a hearing is required.

    Chapter 11 – See Bankruptcy Code Section 1112 – A debtor's request to dismiss requires a motion and an opportunity for a hearing.

    Chapter 13 – See Bankruptcy Code Section 1307 – A debtor has a right to dismiss its Chapter 13 bankruptcy case if the bankruptcy began as a Chapter 13 case, but the court may place restrictions on a debtor's ability to file a subsequent bankruptcy case.

    B) Voluntary Conversion to Another Chapter – A debtor can file a motion to voluntarily convert its case to a case under a different bankruptcy chapter. IMPORTANT NOTE: When any bankruptcy case is converted, there are new responsibilities and deadlines for filing case commencement documents, and the debtor must attend a new 341(a) meeting of creditors. It is highly recommended to consult a bankruptcy attorney about the impact of converting a bankruptcy case.

    Chapter 7 – See Bankruptcy Code Section 706.

    Download Form Motion to Convert under 706(a)
    Download Form Notice of Motion to Convert under 706(a)
    Download Form Order to Convert

    Chapter 11 – See Bankruptcy Code Section 1112(a).

    Download Form Motion to Convert under 1112(a)
    Download Form Order to Convert under 1112(a)

    Chapter 13 – See Bankruptcy Code Sections 1307(a) and 1307(g).

    To convert a Chapter 13 case to a Chapter 11 bankruptcy case, the debtor must file a motion and schedule a hearing for the court to rule on its motion.

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Dismissal, Conversion & Closing Of A Bankruptcy Case, What Are The Differences Between Them?

    A) Dismissal vs. Closing of a Bankruptcy Case -- The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.

    1. Dismissal of a Bankruptcy Case – Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal. Dismissal can also occur without a debtor's consent if the court orders dismissal on its own, or a trustee or a creditor files a motion to dismiss the bankruptcy case and the court grants the motion. See related FAQs below.
    2. Closing of a Bankruptcy Case – Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.  See related FAQs below.

    Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed. If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case.

    Closing does not necessarily mean that all adversary proceedings are finished. For information about adversary proceedings, see related FAQs below.

    B) Conversion to Another Bankruptcy Chapter – Conversion means that the court has approved changing a bankruptcy case from one chapter to another chapter. Conversion may be requested by a debtor, by a trustee or creditor, or be independently ordered by the court. Sometimes conversion is automatically approved, and in other situations it is disallowed or requires a court hearing to approve a motion to convert. In some ways, conversion starts the bankruptcy case over because there are different rights and duties for the debtor and creditors. In other ways, conversion continues activities that are already taking place. It is highly recommended to consult a bankruptcy attorney to discuss a debtor's right to convert to another chapter and the impact of conversion. See related FAQs below.

     

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Deadlines And Procedures For Adversary Proceedings, Are There Any?
    Discharge, How Do I Get A Copy?
    Dismiss Or Convert A Bankruptcy Case, Can The Court Do This Without The Debtor's Consent?
    Dismiss Or Convert A Bankruptcy Case, Can The Debtor Voluntarily Do This?
    Dismissal, Conversion & Closing Of A Bankruptcy Case, What Are The Differences Between Them?
    Lawsuit, Can One Be Filed After The Bankruptcy Case Is Filed?
    Lawsuit, What If One Was Filed Before The Bankruptcy Case Was Filed?
    Reopen A Bankruptcy Case, How Do I Do This And Is A Fee Required?

  • Document, How Do I Get a Certified Copy?

    1. ECF account holders click here.
       
    2. All others including self-representeded individuals:

    A) Via Mail to Division of Bankruptcy Case – Identify the address of the court division where the bankruptcy case is or was administered. Then, comply with all of the following steps:

    1. Mail a request that clearly identifies the document(s) desired, bankruptcy case name, bankruptcy case number (and adversary proceeding number, if applicable), and daytime telephone number;
    2. Include a self-addressed, stamped return envelope of proper size and postage for the documents requested; 
    3. Wait for a phone call from the clerk's office to identify the total fee required; and
    4. After receiving a call from the clerk's office stating the total fee, send payment electronically using Pay.gov or by mail in the form of either a bank cashier's check or U.S. Postal Service money order made payable to: United States Bankruptcy Court. DO NOT SEND CASH OR PERSONAL CHECKS.

    B) Request in Person at Clerk's Office - If you visit the Clerk's Office to obtain the certified copies, charges and the processing time needed to complete your order will be explained in person.

     

    FAQ Type:
    General Info

    See Also:
    Fees, What Is The Payment Method For Bankruptcy Court Fees?

  • Document, What If The One I Need Is Not On The Electronic Docket?

    For bankruptcy cases and adversary proceedings filed prior to the onset of "Case Management/Electronic Case Filing" (CM/ECF), not all documents will be imaged on the electronic docket. Please contact the clerk's office of the court division where the case is or was administered.

    FAQ Type:
    General Info

    See Also:
    No Related FAQs

  • Documents, How Do I Amend Documents I Have Filed With The Court?

    It is a debtor’s duty to ensure that the information provided in the bankruptcy petition package (Petition and other forms) is correct. This means that the correct “form” must be used, and the form must contain correct information. If a debtor needs to filed an amended document because the debtor filed the incorrect version of a form or inserted inaccurate information on a correct version of a form, a debtor must take the following steps:

    A) File With the Court the Document that Contains the Amended Information (Schedule, Statement, etc.) – If an incorrect or outdated version of a form was used, prepare, sign and file the correct version of the form. If the correct version of a form was used, but the information inserted on the form is not accurate, prepare, sign and file the form with the revised information;

    B) File With the Court a Form Titled “Amendment of Schedule(s) And/Or Statement(s).” This form should be filed at the same time that the amended document is filed, and is available at any Clerk's Office location or download below.  

    C) Pay a fee Click here to determine the fee required.

    D) Mail a copy of the amended document and Amendment of Schedules(s) And/Or Statement(s) to all creditors.

    If a debtor has a change of mailing address, it is the debtor's responsibility to promptly file a change of address form so that the clerk’s office, trustee, and creditors know where to mail documents for the debtor.

    Download Form: Amended Schedule(s) and/or Statement(s)

    Download Form: Change of Address (The debtor should also mail a copy of the change of address form to all creditors.)

     

     

     

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Documents, What Do Debtors File To Have The Stay Imposed Or Continued?

    In some situations the Automatic Stay does not protect a debtor from all creditors, or it only applies for 30 days after the bankruptcy case is filed. In these situations a debtor must file a Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay if a debtor wants the Automatic Stay to protect the debtor. A fee is required to file this motion. As this type of motion must be heard by the judge quickly after a bankruptcy case is filed, it is highly recommended to consult a bankruptcy attorney before a bankruptcy case is filed.

    Download Form: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay

    See: Fee Schedule

     

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Eviction, Will Filing For Bankruptcy Stop This?

    Depending on the facts, the Automatic Stay may or may not prevent a landlord from evicting a tenant that has filed bankruptcy.  Consult with a bankruptcy attorney for information on how a bankruptcy filing affects enforcement of an eviction proceeding

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    Automatic Stay, What Is It And Does It Protect A Debtor From All Creditors?
    Official Time of Filing, What is the official time of filing a petition or document?

  • Federal Rules Of Bankruptcy Procedure, Where Do I Obtain A Copy?

    A) Federal Rules of Bankruptcy Procedure - There are procedural rules that apply in every bankruptcy case filed in the United States. These rules are called "Federal Rules of Bankruptcy Procedure (F.R.B.P.)." The Federal Rules of Bankruptcy Procedure are not available for viewing or purchase from the clerk's office. However, they may be purchased from legal bookstores and may be viewed at law libraries and online.

    B) Interim Federal Rules of Bankruptcy Procedure - In some years, Interim Rules are promulgated and made effective in the midst of a calendar year. These rules still apply in all bankruptcy cases.
     

    FAQ Type:
    General Info

    See Also:
    No Related FAQs

  • Fees, What Is The Payment Method For Bankruptcy Court Fees?

    Fees are required to file many documents with the court, including a bankruptcy petition package, a lawsuit (Complaint), certain motions, and other documents. Photocopies or certified copies of documents are available for a fee. Acceptable payment method of filing fees depends upon whether documents are filed electronically via CM/ECF or at the intake window of the clerk’s office.

    A) Petition Package or Document Filed Electronically via CM/ECF -- If an electronically filed document requires a fee, the fee must be paid by credit card (AMEX, VISA, MC or Discover).

    B) Petition Package or Document Filed at the Intake Window of the Clerk’s Office

    Fees Paid by an Individual Person - If an individual debtor files a bankruptcy petition package or other document at the courthouse, the bankruptcy court does not accept credit cards, but the fee may be paid with:
    (1) U.S. POSTAL SERVICE MONEY ORDER; or
    (2) CASHIER’S CHECK issued by an acceptable financial institution.
    (3) View the Court's Pay.gov info page to learn about online payment options available for a limited selection of Court services.

    Fees Paid by an Attorney - If an attorney files a bankruptcy petition package or other document, in most situations the attorney must file the documents electronically via CM/ECF. However, if a document is not required or allowed to be filed using CM/ECF, and is filed at the intake window of the clerk’s office, the fee may be paid by:
    (1) CREDIT CARD (AMEX, VISA, MC or Discover);
    (2) BUSINESS CHECK made payable to the “U.S. Bankruptcy Court” that includes a current pre-printed name, street address, telephone number, and California attorney bar number;
    (3) U.S. POSTAL SERVICE MONEY ORDER; or
    (4) CASHIER’S CHECK issued by an acceptable financial institution.

    C) Requesting Photocopies or Certified Copies of Documents – The payment policy for obtaining copies is the same as the payment policy for filing documents. See above.

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    No Related FAQs

  • File Documents, Must Documents Be Filed In Person, Or Can They Be Mailed Or Filed Electronically?

    eSR is an online tool to help individuals complete a chapter 7 or chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney.  Click here to learn more about this online tool.

    Filing in Person at Intake Window – A bankruptcy petition package or other document should be filed in person if cash is used to pay the filing fee or if a “Filed” stamped copy of the document is desired. Although there may be a number of people in line, the wait is generally very short.

    Filing by Mail - Bankruptcy petition packages and other documents may also be mailed to the Court. If a debtor is filing a document that requires a filing fee, the debtor must include a postal money order, as personal checks are not accepted. The cashier’s check or money order must read: “Pay to the Order of United States Bankruptcy Court.”

    Whether filing a document in person or by mail, determine the correct filing location by using the zip code of the debtor’s residence or principal place of business.

    Attorneys – In most situations attorneys are required to electronically file petition packages and other documents using the CM/ECF system. Register for CM/ECF. See the Court Manual for filing procedures. Additional information about  lodging orders electronically may be found here.

    The Electronic Drop Box is a tool available to self-represented litigants to enable them to upload court documents for filing that do not require a filing fee. Once you are determined to be eligible to use the Electronic Drop Box, the court will provide you with a link to upload your documents.  After the court reviews the uploaded document it will be deemed filed with the court.

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    Case Number, What Does It Mean?
    Fees, What Is The Payment Method For Bankruptcy Court Fees?
    Official Time of Filing, What is the official time of filing a petition or document?

  • File Documents, Who Is Authorized To File Electronically?

    The court uses a system called “CM/ECF” for attorneys (and some other organizations that file lots of documents) to electronically file, view and copy bankruptcy case documents. Only attorneys who have registered with a court and been provided with a CM/ECF password are entitled to file documents electronically.

    To Register for CM/ECF.

    To review CM/ECF filing requirements and procedures, see the Court Manual.

    eSR is an online tool to help individuals complete a chapter 7 or chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney.  Click here to learn more about this online tool.

    The Electronic Drop Box is a tool available to self-represented litigants to enable them to upload court documents for filing that do not require a filing fee. Once you are determined to be eligible to use the Electronic Drop Box, the court will provide you with a link to upload your documents.  After the court reviews the uploaded document it will be deemed filed with the court.

     

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    No Related FAQs

  • Filing Fee, What If I Cannot Afford To File For Bankruptcy?

    In some situations, the court may approve a filing fee to be paid in installments or waived completely. Note that if an installment payment plan is approved, the payment schedule must be complied with or the bankruptcy case may be dismissed without the debtor obtaining a discharge of debts.

    Chapter 13 Petition Package – In chapter 13 bankruptcy cases, it is generally not allowed to have a filing fee waived or to pay in installments. The purpose of chapter 13 is to keep current with payments, and therefore if the filing fee is not affordable, the court will question a debtor's ability to succeed in a chapter 13 case.

    Chapter 11 Petition Package – In chapter 11 bankruptcy cases, fee waivers or installment payments usually are not allowed.

    Chapter 7 Petition Package - If a debtor files a chapter 7 bankruptcy case and the debtor's income is less than 150% above the federal H.H.S Poverty Guidelines (which varies depending on your family size), the court may waive the filing fee completely or approve payments in installments. The debtor must make a written request to the court and submit the request at the Clerk's Office intake window at the time the bankruptcy petition is filed. The intake staff will contact the judge to whom the bankruptcy case is assigned, and the judge will make a decision as soon as is possible. This may require the debtor to wait at the courthouse for a few hours if the judge is not available right away, or the debtor may have to return on the next day that the court is open. Even if the court does not waive the filing fee, the court may allow a debtor to pay the filing fee in installments.

    Download Form: Fee Installments and Waiver Application

    FAQ Type:
    Before Filing Bankruptcy

    See Also:
    No Related FAQs

  • Fraudulent Activity In A Bankruptcy Case, Whom Do I Notify If There Is Possible Fraud?

    A) Contact the Office of the United States Trustee - The Office of the U.S. Trustee is the place to start when reporting possible fraudulent activity in a bankruptcy case. Fraudulent activity may have been committed by a debtor, an insider of a debtor, a creditor, a trustee, an attorney or other professional, or a bankruptcy petition preparer. Fraudulent activity may include hiding assets, fraudulently transferring property, lying under oath, knowingly filing false affidavits or declarations, knowingly filing false proofs of claim, or knowingly providing false information.

    B) What to Include in the Letter - To expedite the handling of complaints of violations in the bankruptcy system, the U.S. Trustee requires that the complaint be submitted in a signed letter with the following information:

    • Your return address and telephone number;
    • The bankruptcy case name and file number;
    • Copies of any pertinent court filings;
    • A chronological summary of the allegedly fraudulent activity;
    • A statement as to why you believe that fraud has occurred;
    • Location of property alleged to be involved; and
    • Names, addresses, and telephone numbers (to the extent available) of the witnesses known to you.

    C) Mail the letter to:
    Office of the United States Trustee
    Special Investigations Unit
    915 Wilshire Boulevard, Suite 1850
    Los Angeles, CA 90017

    D) U.S. Trustee Review and Response - If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter may be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. Occasionally a debtor or trustee is sentenced to prison for fraudulent activity. Sometimes the activity does not rise to the level of criminal activity but provides justification for the court to order the return of property to the bankruptcy estate, the denial of a discharge of debts for the debtor, or the removal of a trustee. In any event, dishonest activity is taken very seriously by the bankruptcy court and Office of the U.S. Trustee.

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Hearing Date, How Do I Obtain One On My Motion And Provide Notice Of The Hearing?

    Once it is determined that a hearing is required, the moving party must set the matter for hearing and provide adequate notice of the hearing. To set a hearing and provide notice of the hearing, do all of the following:

    A) Identify how much notice is required before the hearing can take place;
    B) See the Self-Calendaring page to look at self-calendaring procedures for the judge who will hear the motion;
    C) Put the hearing date, time, courtroom, and courthouse address on the first page of the motion (See Local Bankruptcy Rule 1002-1 for information on Motion captions);
    D) Prepare a written Notice of Motion in which the date of the hearing and the deadline for filing a response are clearly stated. Downoad the Notice of Motion form below. E) Serve the Notice of Motion of the hearing on all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure; and
    F) Do not lodge an order before the hearing unless the court or Local Bankruptcy Rule specifically allows or requires that an order be lodged before the hearing, or the order is allowed to be electronically lodged via the LOU program. See Local Bankruptcy Rule 9021-1 for rules on lodging orders. Information on how to upload orders.

    Download Form: Notice of Motion F 9013-1.1

     

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Hearing, Do All Motions Require One?

  • Hearing, Do All Motions Require One?

    Some motions require a hearing while other motions do not, and procedures are different. To determine if a hearing is required for a particular motion, a party filing the motion should consult:

    1. The section(s) of the Bankruptcy Code that set the standard for granting the motion;
    2. The Rules in the Federal Rules of Bankruptcy Procedure that establish procedures for notice of the motion, service of the motion, and court ruling on the motion;
    3. Local Bankruptcy Rule 9013-1 for a list of motions that the court has already determined a hearing is not required;
    4. Other Local Bankruptcy Rules that apply to the particular type of motion (NOTE – Some motions are called "Applications"); and
    5. A bankruptcy attorney.

    Download Form: Notice of Motion F 9013-1.1

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    Hearing Date, How Do I Obtain One On My Motion And Provide Notice Of The Hearing?
    Shortened Time (Ex Parte), How Can I Have A Motion Heard Like This?

  • Hearing, What Happens If A Motion Does Not Require One?

    Once it is determined that a hearing is not required, a party must provide notice of the motion and properly serve the motion before obtaining a ruling from the judge. The motion will have to clearly and plainly state that there will not be a hearing unless a party files and serves a written response and specifically requests a hearing. To provide notice of the motion and serve the motion, do all of the following:

    1. Follow the procedure for providing notice of the motion and serving the motion – In particular see Local Bankruptcy Rule 9013-1;
    2. Clearly state in the Notice of Motion the procedure for objecting to the motion and requesting a hearing;
    3. Wait the proper response period;
    4. Follow the procedure for notifying the court as to if any objections were received and if a hearing was requested.
      1. If an objection was filed and a hearing was requested, the moving party must timely set the matter for a hearing, or the motion may be denied; and
      2. If an objection was not filed within the response deadline, file a declaration of service and non-Response, and lodge an order.

     

    F 9013-19[1] DECLARATION RE: ENTRY OF ORDER WITHOUT HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 9013-1(g)

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • Hearing, What If I Am Late?

    An attorney or party must immediately contact the judge's chambers and the opposing party as soon as they realize that they will be late for a hearing. For information about asking for 2nd call at a hearing see Designated Judges' Contacts

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    No Related FAQs

  • I am having issues with popup blockers. What do I do?

    To successfully lodge an order for Bankruptcy, Adversary, or Miscellaneous cases, the popup blocker feature must be temporarily disabled. If you have a popup blocker running, you can refer to the below instructions to disable:

    Google Chrome Toolbar

    1. Click the Customize and control Google Chrome menu (three horizontal dots in the upper right corner)
    2. Select Settings
    3. Select Security and Privacy
    4. Select Site Settings
    5. Select Pop-ups and Redirects
    6. Select Sites can send Pop-ups and use Redirects

    Mozilla Firefox Toolbar

    1. Click the Firefox menu (three horizontal bars in the upper right corner)
    2. Select Settings
    3. Select Privacy and Security
    4. Under Permissions uncheck Block Pop-up Windows

    Microsoft Edge

    1. Select the (three vertical dots in the upper right corner)
    2. Select Settings
    3. Select Cookies and Site Permissions
    4. Under All Permissions select Pop-ups and Redirects
    5. Click on button to turn off

    Apple Safari

    1. From Safari menu, select Preferences
    2. Click Security at the top of the window
    3. Uncheck the Block pop-up windows box

    FAQ Type:
    Technical

    See Also:
    No Related FAQs

  • Judicial Decision, What If I Disagree With The Judge's Legal Or Factual Conclusions?

    If a party disagrees with a judge's legal or factual conclusions from a proceeding, and the judge has entered an order or judgment that reflects the judge's ruling, the party who disagrees generally has four alternatives:

    A) Motion to Vacate an Order or Judgment - When a party files a motion to vacate an order or judgment, the party identifies a specific order or judgment that is disagreed with and specifically discusses what the party thinks is incorrect with the judge's legal or factual conclusions. A motion to vacate an order or judgment is granted under limited circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9024 and Local Bankruptcy Rule 9013-4.

    B) Motion to Amend an Order or Judgment - A motion to amend an order or judgment is similar to a motion to vacate an order or judgment, and generally the same standards apply. However, a motion to amend an order or judgment is usually based on changed circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9023 and Local Bankruptcy Rule 9013-4.

    C) Appeal to the District Court or Bankruptcy Appellate Panel – If a party wishes to file an appeal to the District Court or the Bankruptcy Appellate Panel, a Notice of Appeal must be filed within 14 days of the entry of the Order or Judgment on the docket. If, for whatever reason, a party fails to file a Notice of Appeal within 14 days, the party must file a motion for permission to file a Notice of Appeal. A party may not file a Notice of Appeal later than thirty (30) days after entry of the Order or Judgment.

    When an Appeal is filed, the matter is automatically referred to the Ninth Circuit Bankruptcy Appellate Panel ("BAP") unless the appellant files a separate Statement of Election to transfer the appeal to the U.S. District Court concurrently with the Notice of Appeal. Within a short period of time the appellee also has the opportunity to transfer the appeal to the U.S. District Court. When an appeal is directed to the BAP, an original and three (3) copies of the Notice of Appeal need to be filed, plus copies for the interested parties with self-addressed, stamped envelopes. When an appeal is directed to the District Court, an original and one (1) copy must be filed. See Fee Schedule to determine the cost for filing a Notice of Appeal.

    D) Request that Matter be Directly Appealed to the Ninth Circuit Court of Appeals – If a party wishes to have the matter directly appealed to the Ninth Circuit Court of Appeals, the party must file a motion with the bankruptcy judge.

    Appeals are very complex and are governed by many technical rules. Refer to the 8000 series of rules from the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules.

    Download Form:  Notice of Appeal

    FAQ Type:
    After Filing Bankruptcy

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  • Judicial Decision, What If The Order Misstates The Judge's Legal Or Factual Conclusions Or Ruling?

    Opposing Party can File and Serve a Written Objection to the Form of an Order - After the judge makes a ruling on a motion or complaint, the court may prepare its own order or judgment, or the court may have one of the parties submit a proposed form of order or judgment. If the motion or complaint was opposed or otherwise contested by another party, and the proposed form of order or judgment was lodged by one of the parties, the other party ordinarily has seven (7) days to review the proposed order or judgment. If the opposing party thinks that the wording of the proposed order or judgment does not accurately reflect the judge's legal and factual conclusions or some other part of the ruling, that party must immediately file and serve an objection to the form of the order and can submit a proposed new form of order. The party who intends to file the objection should notify the judge's staff and make sure that the judge receives a copy of the objection within the seven (7) day deadline. If the deadline is not met, the judge may enter the proposed form of order without reviewing the objection. Refer to Local Bankruptcy Rule 9021-1.

    All Parties can Stipulate to a New Proposed Form of Order - The parties may also stipulate to a new proposed form of order and submit the stipulated order to the court within the seven (7) day deadline.

    File a Motion to Amend the Entered Order or Judgment – If a party thinks that the entered order misstates the factual findings or legal conclusions made on the record at the hearing, the party can file a motion to amend the language of the order or judgment. Refer to Local Bankruptcy Rule 9021-1.

    FAQ Type:
    After Filing Bankruptcy

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  • Lawsuit, Can One Be Filed After The Bankruptcy Case Is Filed?

    A) Adversary Proceedings Can be Filed After Bankruptcy Case is Filed - Adversary proceedings can be filed in bankruptcy court for a variety of reasons, such as:

    1. A creditor wants to prevent the debtor from receiving a discharge;
    2. The trustee attempts to force a non-debtor party to give back property that belongs to the bankruptcy estate; or
    3. A party wants the court to make rulings about property or contractual rights (Declaratory Relief).

    In some scenarios an adversary proceeding is the only procedural method for obtaining relief. Consult Federal Rules of Bankruptcy Procedure Rule 7001 to determine if an Adversary Proceeding is required. In some situations an adversary proceeding can be started or continued even if the main bankruptcy case is no longer open.

    B) Filing the Complaint – A plaintiff must take six steps to properly file an adversary complaint:

    1. Include an adversary proceeding cover sheet;
    2. Pay the adversary filing fee;
    3. Provide one extra copy to the court of the complaint and cover sheet, even if the complaint is filed electronically via CM/ECF;
    4. Include a "Summons" form that the clerk's office can fill out and return to the plaintiff. The summons will indicate the adversary number and the date/time/location of the initial adversary status conference;
    5. Serve a Summons on each defendant according to the methods and time limits set forth in the Federal Rules of Bankruptcy Procedure 7000 series and Local Bankruptcy Rules; and
    6. File a Proof of Service of Summons and Complaint after a defendant has been properly served.

    FAQ Type:
    After Filing Bankruptcy

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  • Lawsuit, What If One Was Filed Before The Bankruptcy Case Was Filed?

    A Debtor and a Creditor are Often Involved in Lawsuits before a Bankruptcy Case is Filed – Generally, a lawsuit commenced before the bankruptcy case was filed must stop unless the bankruptcy judge gives permission for it to continue. In other situations the lawsuit is replaced by a creditor filing a "proof of claim" in the bankruptcy case, or the lawsuit may be removed from the non-bankruptcy court to the bankruptcy court. If a debtor is a plaintiff in a lawsuit, the trustee and court must immediately be notified to determine if that lawsuit can continue or must be brought into the bankruptcy court. In chapter 7 and 11 bankruptcy cases in which a trustee is appointed, the trustee generally becomes the new plaintiff if the debtor was the plaintiff at the time the bankruptcy case was filed.

    FAQ Type:
    After Filing Bankruptcy

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  • Local Bankruptcy Rules, Where Do I Obtain A Copy?

    The Central District of California has its own special rules for bankruptcy cases and adversary proceedings administered in this district. These rules are called "Local Bankruptcy Rules" for the Central District of California" ("LBR"). The Local Bankruptcy Rules can be downloaded from this website free of charge, or they may be viewed at all divisional clerk's office locations.

     

    FAQ Type:
    General Info

    See Also:
    Locations, Where Are The Five Different Offices Of The Bankruptcy Court?

  • Locations, Where Are The Five Different Offices Of The Bankruptcy Court?

    The Bankruptcy Court has five divisional offices located throughout the Central District of California: Northern Division, San Fernando Valley, Los Angeles, Santa Ana, and Riverside. Each division has courtrooms, a Clerk's Office for filing documents, and staff available to answer questions.

    Find the location of a particular judge.

    In addition, the Office of U.S. Trustee has locations at or near each court division.
     

    FAQ Type:
    General Info

    See Also:
    Court Address, What Is The Address Of The Court Where Documents Are Filed?
    Trustee, How Do I Find Out Who It Is In A Bankruptcy Case?

  • Motion And Notice Of Motion, What Is It And Must A Response Be Filed?

    A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence. The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing. The Notice of Motion and the Motion must be served upon all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. "Serving" the Notice of Motion and Motion is an important part of due process, and failure to timely serve interested parties can result in a denial of or delay in ruling on the motion or a denial of the motion. Consult the CM/ECF Administrative Procedures to determine if a person may be served electronically instead of by mail.   

    Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.

    The Court will enter an order in which the judge either grants or denies the motion.

    See Local Bankruptcy Rule 9013-1 for rules and deadlines for filing and serving most motions. There may also be other Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules that apply.

    Download Form: Notice of Motion  F 9013-1.1

    FAQ Type:
    After Filing Bankruptcy

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  • New Law, Can I Still File For Bankruptcy?

    The new bankruptcy laws went into effect on October 17, 2005. These laws do not prevent a debtor from filing bankruptcy, though the new bankruptcy laws contain some differences.

    The main procedural difference is in the information that a debtor must provide to the bankruptcy court in order to open a bankruptcy case and to obtain a discharge.

    Other differences include:

    1. how long an individual must wait to obtain a discharge if the debtor had a prior bankruptcy;
    2. the income level required in order to obtain a discharge in a chapter 7 case;
    3. how long the Automatic Stay lasts; or
    4. the procedure for reaffirming a debt on an automobile or a credit card.

     

    It is highly recommended that an individual or business owner consult with a bankruptcy attorney to learn how the changes in bankruptcy laws may impact the particular financial situation.

    FAQ Type:
    Before Filing Bankruptcy

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  • Office Of U.S. Trustee, What Is Their Location And Function?

    The Office of the U.S. Trustee (“UST”) is not part of the bankruptcy court but is an agency of the Department of Justice whose main role is to monitor the administration of bankruptcy cases, detect bankruptcy fraud, and appoint/supervise a group of trustees who can administer chapter 7, 11, or 13 bankruptcy cases. The Office of the U.S. Trustee is divided nationwide into 16 regions, and each region is comprised of lawyers, case analysts, and other staff who are supervised by one person whose title is “United States Trustee.” The U.S. Trustee generally has the right to be present at any court hearing and can make motions and recommendations to bankruptcy judges.

    The U.S. Trustee for Region 16 has oversight of bankruptcy cases in the Central District of California. The main office for Region 16 is in Los Angeles, but offices are located near to or at the courthouses in all divisions.

    One of the first actions in a bankruptcy case is the 341(a) Meeting of Creditors, and this meeting may be held at one of these division offices.  See 341(a) Meeting Locations.

    FAQ Type:
    After Filing Bankruptcy

    See Also:
    341(A) Meeting Of Creditors, What Is It And Who Must Attend?

  • Official Time of Filing, What is the official time of filing a petition or document?

    The official time of filing is when a document is entered and docketed in CM/ECF,  regardless of the filing method (in person, electronically through CM/ECF, through eSR or EDB, or placed in physical drop box). 

    Examples of the Time of Filing:

    • If filed electronically, the official date and time of filing is when the document is entered and docketed in CM/ECF.
    • If filed at the intake window, the official date and time of filing is when the document is entered and docketed in CM/ECF.
    • If delivered by mail, the official date and time of filing is when the document is entered and docketed in CM/ECF.  (The arrival time of mail delivery varies from day to day. During business hours, Clerk's Office staff will enter and docket documents received through the mail.)
    • If submitted through the eSR module (the official date and time of filing is when the document is entered and docketed in CM/ECF (Clerk’s Office staff will enter and docket an eSR petition during business hours.)
    • If submitted through the Electronic Drop Box (EDB), the official date and time of filing is when the document is entered and docketed in CM/ECF (Clerk's Office staff will docket EDB submissions during business hours.)
    • If placed into a drop box, the official date and time of filing is when the document is entered and docketed in CM/ECF. (Clerk's Office staff will enter and docket all submissions during business hours.)

    FAQ Type:
    Before Filing Bankruptcy

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  • Order Or Judgment, What Are These?

    An "Order" is a separate document that a judge signs which sets forth the judge's ruling on a motion. A "Judgment" is a separate document that a judge signs and sets forth the judge's ruling at the end of an adversary proceeding. The order or judgment may be prepared by the court, be lodged by the moving party, or be lodged by a responding party. After the judge signs an Order or Judgment, it is entered on the court docket and served on required parties. The Order or Judgment begins a timeline for filing appeals or filing motions to change the ruling. In some situations the court will enter an Order or Judgment and also enter a document titled "Findings of Fact and Conclusions of Law." But usually an Order or Judgment is very short and simply states that legal conclusions and factual findings were made on the record at the hearing.

    An Order or Judgment must be prepared separately from other documents, i.e. it shall not be a part of a motion, response, application, stipulation, etc.

    * See Local Bankruptcy Rule 9021-1 for the format of preparing and lodging a proposed Order or Judgment.

    * See LOU Procedures for preparing and electronically lodging proposed Orders or Judgments PDF.

    * Only CM/ECF-registered users are able to lodge an order electronically via LOU.

    * See Federal Rule of Bankruptcy Procedure 9022 and applicable Local Bankruptcy Rules to identify to whom the court must deliver an entered order.

    If the Order or Judgment relates to a court hearing, a record may be obtained of the oral arguments and court findings and conclusions made at the hearing.

    See Audio Recording of Court Proceedings Order Form
    See Transcipt Order Form and Instructions

    FAQ Type:
    After Filing Bankruptcy

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  • Personal Financial Management Certificate, Do I Need To File This?

    Form B23 + Number of the Personal Financial Management Course Certificate - Within 60 days after the first 341(a) Meeting of Creditors, individuals must file a mandatory court form (Form 23/B23). It is not necessary to file the Certificate of Completion. Instead, the debtor is required to insert the certificate number on Form B23, and a joint debtor must fill out and file a separate Form B23 with a separate certificate number. If an individual delays in doing this, the bankruptcy case will likely be closed (not dismissed) without a discharge of debts being granted. If the case is closed, an individual debtor will have to file a motion to reopen the bankruptcy case (and pay a substantial filing fee) and to extend the time to have Form B23 placed on the court docket and a discharge order entered. Important rules are Bankruptcy Code Sections 727(a)(11), 1141(d)(3), and 1328(g). 

    Mandatory Court Form: Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management (B423)
     

    FAQ Type:
    Before Filing Bankruptcy

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