A. FAQs by Debtors

A-1. What are the primary types of bankruptcy relief which are available? [10/30/2000]

Chapter 7: Liquidation.

Chapter 7 is the liquidation chapter of the Bankruptcy Code which is available to individuals, partnerships or corporations. In Chapter 7, a debtor must surrender all non-exempt assets which are then sold for cash by a trustee and distributed to creditors under the rules and priorities expressed in the Bankruptcy Code. Individuals who file for Chapter 7 relief retain their exempt assets and are eligible to receive a discharge of debts.

Chapter 11: Reorganization.

Chapter 11 allows corporations, partnerships, and individuals to propose a plan which, if accepted by creditors or otherwise approved by the Court, allows the debtor to reorganize its financial affairs and to again become a financially productive individual or business.

Chapter 12: Adjustment of Debts by a Family Farmer.

Chapter 12 is a special chapter of the Bankruptcy Code designed to permit family farmers to repay their debts from future earnings over a specified period of time. Though the Court continues to administer pending Chapter 12 cases, the availability of Chapter 12 relief for new debtors expired on July 1, 2000 and will remain unavailable until federal legislation is enacted to re-authorize its use.

Chapter 13: Adjustment of Debts by an Individual.

An individual with a regular income, whose debts do not exceed certain statutory limitations may file under Chapter 13. Chapter 13 permits the debtor to file a plan under which the debtor commits to pay her net disposable income to a trustee for a period of three to five years and which, if successfully completed, entitles the debtor to a broader discharge than is available to an individual under Chapter 7.

A-2. If I file for bankruptcy, will it stop an eviction? [10/30/2000]

The staff of the United States Bankruptcy Court is prohibited from providing legal advice to you. If you have any questions regarding the effect of a bankruptcy filing, please contact your legal advisor.

A-3. Do I need an attorney to file bankruptcy and can you recommend one? [10/30/2000]

While it is possible for an individual to file a bankruptcy case without the assistance of an attorney (i.e. to file pro se), you may find that it is extremely difficult to do so successfully. Hiring a competent attorney is highly recommended.

Any other type of debtor, including a partnership or a corporation, must be represented by an attorney in order to file and to prosecute a bankruptcy case. Any case filed on behalf of such a debtor without the retention of legal counsel is subject to immediate dismissal. Local Rule of Bankruptcy Procedure 1002(b).

For information about lawyer referral programs in the Plano area, you may contact the Plano Bar Association at 972.424.6113 or the North Dallas Bar Association at 972.980.0472.

For lawyer referral programs in the Beaumont area, you may contact the Jefferson County Bar Association at 409.835.8438.

You may also contact the State Bar of Texas Lawyer Referral Information Service toll-free at 1.800.252.9690 or 1.877.9TEXBAR or review the basics of the State Bar attorney referral program on the World Wide Web at www.texasbar.com/lris. You may also consult the attorney section of your local telephone directory.

A-4. To whom should I send my Chapter 13 plan payments? [10/30/2000]

Plan payments may be made ONLY to the Standing Chapter 13 Trustee assigned to your particular case. Absent extenuating circumstances, the Standing Chapter 13 Trustee in a particular Chapter 13 case is assigned according to the division within the Eastern District in which the case is filed:

For the Tyler / Marshall and Beaumont/ Lufkin Divisions:		For the Sherman, Paris, and Texarkana Divisions:
Mr. Michael Gross P. O. Box 734 Tyler, TX 75710-0734 (903) 593-7777		Ms. Janna Countryman 500 N. Central Expressway, Ste. 350 Plano, TX 75074 (972) 943-2580

If you are unsure which trustee is appointed to the case, please seek additional case information without any charge to you from the Voice Case Information System (VCIS) by calling toll-free from any touch-tone telephone to 1.800.466.1694 before contacting the trustee's office or sending any payment.

A-5. If I am an individual debtor, how long after filing bankruptcy will I be issued a discharge? [10/30/2000]

Individual Chapter 7 debtors are eligible to receive a Chapter 7 discharge at the expiration of the period for a party to file a complaint objecting to the entry of such a discharge. Such complaint must be filed no later than 60 days following the first date set for the first meeting of creditors (generally speaking, about 120 days after the filing of the case) however, the period may be extended by the Court for cause on the motion of any party in interest and after hearing on notice.

At the end of the 60-day period or as may be extended by the Court beyond such date, the Court will issue an order granting the debtor a discharge unless: the debtor is not an individual, a complaint objecting to the discharge has been filed, the debtor has filed a waiver of discharge under §727(a)(10), or a motion to dismiss pursuant to §707(b) is pending. The entry of a discharge order, however, does not preclude the Court from subsequently determining the dischargeability of a particular debt if a creditor has timely requested such a determination.

For Chapter 13 debtors, the Court grants the discharge as soon as practicable after the debtor completes all payments under a confirmed Chapter 13 plan.

A-6. How do I get a copy of my discharge order? [10/30/2000]

Soon after the Court issues an order granting the discharge, we will send you a copy.

If you subsequently lose or cannot find a copy of the discharge order, you can obtain another copy in several ways. For discharge orders (and other documents) issued or filed after June 1, 1998, you may visit any divisional office and print a copy of the electronic document at no charge. If you are a registered WebPACER user, you can download a copy of the document at the standard rates.

If your discharge order is unavailable through WebPACER, it is very likely that your document must be retrieved from the Federal Records Center (FRC) in Fort Worth. For more information regarding that retrieval process, please see the information under FAQ Question D-10: What if I am told that the case in which I am interested has been sent to archives? for retrieval of a paper copy. There are additional fees associated with the retrieval of any paper copies.

A-7. How do I get a previous bankruptcy case removed from my credit report? [10/30/2000]

That is an issue involving the application of federal law and the particular policies of the credit reporting agency. The staff of the Office of the Bankruptcy Clerk is prohibited from providing legal advice to you. Any questions in this area should be directed to your legal advisor or the applicable credit reporting agency.

B. Case Filing Information

B-1. Where do I file my bankruptcy case? [10/30/2000]

Bankruptcy cases in the Eastern District of Texas must be filed with the Office of the Bankruptcy Clerk. The Clerk has divisional office locations in Beaumont, Plano, and Tyler. Directions to the divisional offices are available by accessing the Offices section of this web site. Each of the three ofiices is open from 8:00 a.m. to 4:00 p.m. Monday through Friday except federal holidays. In most cases, the appropriate divisional office for your case may be determined by locating, in the information provided below, the county of your residence for the greater portion of the preceding 180 days:

A. Filed in Beaumont:

B. Filed in Plano:

C. Filed in Tyler:

B-2. Where can I obtain the forms needed to file bankruptcy? [10/30/2000]

Most of the forms required for filing a bankruptcy case are generally available from any office supply retailer or may be downloaded from the web site of the Administrative Office of United States Courts at www.uscourts.gov. Most are also available at no charge to you from the Forms section of this web site.

You will also need to prepare a creditor matrix (list of creditors). Please see question B-8 for more information about matrix preparation.

B-3. Can you help me fill out the forms needed to file bankruptcy? [10/30/2000]

No. The staff of the United States Bankruptcy Court is prohibited from providing legal advice to you.

B-4. How many copies of the petition and schedules are required to file bankruptcy? [10/30/2000]

Chapter 7		Original + 2 copies
Chapter 11		Original + 4 copies
Chapter 12		Original + 2 copies
Chapter 13		Original + 2 copies

If you wish to have a file-stamped copy returned to you, you will also have to provide to the Court an additional copy of the petition and schedules , plus a suitably sized, self-addressed envelope with sufficient postage affixed.

B-5. What is the fee to file a bankruptcy case and what form of payment will you accept? [10/16/2003]

(Effective 11/1/2003:)

Chapter 7	$209.00		Chapter 13	$194.00
Chapter 11	$839.00

The Bankruptcy Clerk will accept payment by cash, money order, cashier's check or personal check. The court is not yet accepting credit/debit card payments.

B-6. Can I pay my filing fee in installments? [10/30/2000]

Yes. Federal Rule of Bankruptcy Procedure 1006 allows the debtor the right to apply for permission to pay the filing fee in installments. The debtor must sign an application stating that he/she is unable to pay the filing fee except in installments. The application (Official Form 3) must state the proposed terms of the installment payments and that the applicant has neither paid any money nor transferred any property to an attorney for services in connection with the case. The entire filing fee must be paid within 120 days of the filing of the petition in not more than four installment payments.

B-7. Do I need to send a copy of the petition to anyone else? [10/30/2000]

The staff of the United States Bankruptcy Court is prohibited from providing legal advice to you. It is your responsibility to determine your obligations as a bankruptcy debtor. However, you should be aware that the Bankruptcy Court will issue a "Notice of Commencement of Case" to all creditors listed in your original creditor matrix (list of creditors), provided that you have listed complete street addresses, city, state and zip code of such creditors. The "Notice of Commencement of Case" contains the date, time, and location of your first meeting of creditors (§341 meeting), as well as important deadlines and other significant information.

B-8. What is a creditor matrix? [10/30/2000]

The creditor matrix is a list of all creditors which a debtor must provide in order to file a bankruptcy case. The list should include not only the names but the complete street address, city, state, and zip code of each creditor. This list is used to notify you and your creditors of significant events during the course of your bankruptcy case. The matrix must be submitted at the time of the filing of your case or your case will be subject to an expedited dismissal process. See Appendix 1007-b-5 of the Local Rules for instructions regarding the correct preparation of the matrix.

B-9. What if I need to make changes to the creditor matrix after the filing of the case? [11/06/2000]

A Notice of Change in Schedules of Creditors in accordance with Appendix 1007-b-7 of the Local Rules of Bankruptcy Procedure must be filed with each change.

All additions should be listed on creditor matrixes in a similar manner as outlined in Appendix 1007-b-5 . Deletions should be similarly listed but the page prominently listed with "DELETED" to ensure proper processing in the clerk's office.

Never file a complete new matrix when filing an amended matrix. The format requirements for an amended matrix are identical to the format requirements for the original matrix.

For additions and/or deletions of creditors, there is a $20.00 filing fee. Only one $20.00 fee is required regardless of the number of additions or deletions in the amended matrix. Should an amended matrix be filed at different times in the same case, the $20.00 fee will be required each time.

There is no fee to update creditor addresses, nor is there any fee for certain other changes as listed in Appendix 1007-b-7.

B-10. Can a husband and wife file together? [01/12/2001]

Yes, The Bankruptcy Code authorizes the filing a joint case by an individual and that individual's spouse under a single petition which requires only the payment of a single filing fee.

A husband and wife cannot file jointly if they wish to obtain relief under different chapters of the Bankruptcy Code (i.e. the husband under chapter 7 and the wife under chapter 13) nor may a person file a joint case without the written consent of that person's spouse.

C. FAQs by Creditors

C-1. How do I determine whether I am listed as a creditor in a specific case? [02/14/2001]

If you received the "Notice of Commencement of Case," then your name is listed on the creditor matrix filed by the debtor at the commencement of the case. You are also welcome to utilize WebPacer to download the matrix or to review the schedules filed by the debtor. You may also come to the divisional office of the Bankruptcy Court in which the case is pending in order to access our database, either by using (free of charge) the computer systems available in the public area or view the file to determine whether you are listed as a creditor. If actual staff assistance is required to obtain information which is not readily available, a $20.00 search fee per case must be assessed.

C-2. A person or entity has filed for bankruptcy and owes me money. What can I do? [10/30/2000]

In order to receive a distribution from a Chapter 7 or Chapter 13 bankruptcy estate, you must file a "proof of claim" with the Court. A proof of claim is a written statement setting forth the amount and basis for a creditor's claim against a debtor.

In a Chapter 7 case, the filing of a proof of claim is not necessary until such time as a notification is issued by the Court that assets will be available for distribution. In such event, the Court will notify all creditors listed on the creditor matrix of the deadline for filing claims and will provide a Proof of Claim form with that notice.

In Chapter 11 and Chapter 13 cases, the deadline for filing proofs of claim and the Proof of Claim form are published in conjunction with the "Notice of Commencement of Case" which is issued to all creditors listed in the creditor matrix at the beginning of the case.

In a Chapter 11 case, the necessity to file a proof of claim is determined by how a particular claim is characterized in the debtor's schedules.

Any questions regarding your claim should be directed to your legal advisor. If you need a Proof of Claim form, you may download the form from this web site, obtain a free copy at any divisional office of the Bankruptcy Court or purchase one from any office supply retailer.

C-3. How many copies of a proof of claim do I need to file? [10/30/2000]

The original plus one copy of the claim must be filed with the Bankruptcy Clerk. If you wish to have a file-stamped copy returned to you, you will need to provide an additional copy of the claim and a stamped, self-addressed envelope if filed by mail.

C-4. What is the current fee for filing a Motion for Relief from Automatic Stay? [12/11/2003]

According to the current schedule of fees, the filing fee is $150.00

C-5. What is an Unsecured Priority Claim? [03/29/2001]

Certain types of unsecured claims are given priority under the bankruptcy laws and are entitled to payment prior to any payment on most other unsecured claims (if there is sufficient money or property available to pay such claims). The most common types of priority claims are listed on the proof of claim form. Unsecured claims that are not specifically granted priority status by the bankruptcy laws are classified as unsecured nonpriority claims. However, a claim may be divided into different portions which are then classified differently. For example, priority status is awarded to certain types of unsecured claims only up to a designated maximum amount. If a claim amount exceeds the statutory maximum amount which is entitled to priority status, then the claim is divided and a portion equivalent to the maximum amount is granted priority status and the remaining amount of the claim is properly classified as an unsecured nonpriority (or general unsecured) claim.

Creditors with questions are encouraged to consult a qualified bankruptcy attorney. Federal law prohibits members of the Bankruptcy Clerk's staff from providing legal advice or answering any legal questions regarding any case or matter currently before the Court.

D. General Information

D-1. What are the office hours of the Office of the Bankruptcy Clerk? [10/30/2000]

The Clerk's office is open Monday through Friday from 8:00 a.m. to 4:00 p.m, excluding federal holidays.

D-2. What are the federal holidays? [10/30/2000]

A listing of the federal holidays may be accessed at www.txeb.uscourts.gov/holidays.asp.

D-3. How do I obtain information on a case? [02/25/2002]

There are several ways to obtain case information:

1. Voice Case Information System (VCIS)

VCIS allows callers to access limited information about a case (i.e., the debtor's name and address, the case number, the judge assigned, the date of filing, the chapter under which relief was sought, the identity and phone number of the debtor's attorney, the identity and phone number of the trustee appointed in the case, whether there are assets, and case status (such as awaiting creditor meeting, discharge date or closure). This service is free of charge and is available 24 hours a day, seven days a week, from any touch tone telephone by calling toll-free at 1.800.466.1694.

2. Computer Access

Electronic case summaries, case dockets and claims registers may be retrieved at affordable prices via the Internet through the Web Public Access to Court Electronic Records (WebPACER) system. Case document images may also be available for viewing/downloading/printing as well. You may obtain more information regarding WebPACER by calling toll-free at 1.800.676.6856, or by accessing the PACER web site at pacer.psc.uscourts.gov. A link to our WebPACER web site is provided here for your convenience.

3. In Person

For more detailed information, bankruptcy documents may be viewed or copied in person at the Office of the Bankruptcy Clerk for the division in which the case is pending. In order to view or copy bankruptcy documents, you must have the bankruptcy case number for that case. If you do not have the case number, you may access the public computer terminals available in the Clerk's Office. There is no charge to review or print electronic documents at the clerk's office.

Paper case files and dockets may be obtained on a same day basis, unless they are being reviewed by someone at the time of the request or have been archived. If the case file is not immediately available, there may be a $20 search fee imposed.There is a $.50 per page charge for copies of paper documents.

D-4. How far back do your computerized records go? [10/30/2000]

Basic case information is available for cases filed on or after October 1, 1987. Detailed information on closed cases may not be immediately available, as cases are archived from the live database periodically.

Electronic case documents filed since June 1, 1998 and proofs of claim filed since June 1, 1999 are available through WebPACER at pacer.txeb.uscourts.gov.

D-5. What is a "first meeting of creditors" (or §341 meeting)? [10/30/2000]

Debtors have a duty to appear and submit to an examination under oath by the trustee and creditors at a first meeting of creditors which is required to be convened under §341 of the Bankruptcy Code (hence, a §341 meeting). A representative of the United States Trustee or the appointed case trustee presides over such meeting, which is usually held between 20 and 40 days after the new petition is filed. The debtor is required to answer questions under oath regarding his or her acts, conduct, property, liabilities, financial condition, or any other matter that may affect the administration of the bankruptcy estate or the debtor's right to a discharge. Failure of a debtor to appear may result in dismissal of the case.

Creditors are not required to attend the first meeting of creditors but are welcome and may ask questions. Non-attendance of a creditor at a first meeting of creditors will not affect the creditor's rights in a case.

D-6. Where are §341 meetings conducted in this district? [10/30/2000]

Coming soon is a listing including maps and parking information.

D-7. What is the Office of the United States Trustee and what is its role? [10/30/2000]

The Office of the United States Trustee is an agency of the United States Department of Justice which supervises the administration of bankruptcy cases in this district. Its duties include the appointment and supervision of trustees in all bankruptcy chapters, as well as supervision of the activities of debtors-in-possession in Chapter 11 cases. If you wish specific information regarding the United States Trustee program in the Eastern District of Texas, you may access its web site at www.usdoj.gov or you may contact:

Office of United States Trustee
Eastern District of Texas
110 N. College Avenue, Suite 300
Tyler, TX 75702
Phone: 903.590.1450

D-8. Is that the same thing as the case trustee? [10/30/2000]

No. In Chapters 7 and 13, a trustee is appointed by the United States Trustee to administer the case and to assume primary responsibility for distributing estate funds to the holders of allowed claims. In most Chapter 11 cases, a trustee is not appointed but case administration is supervised by the United States Trustee.

D-9. Will you fax copies of documents to me upon request? [10/30/2000]

No. Because search and copy fees must be prepaid pursuant to 28 U.S.C. §1930, documents cannot be faxed to requesting parties. Upon proper payment of required fees, the search results may be mailed to you or picked up at the Office of the Bankruptcy Clerk for the division in which the case is pending.

Electronic documents are available here.

D-10. What if I am told that the case in which I am interested has been sent to archives? [02/25/2002]

To retrieve copies of documents from the National Archives & Records Administration in Fort Worth, you must obtain the appropriate "accession number, location number and box number" from the divisional office of the Bankruptcy Clerk in which the case was closed. You may use our FRC search page to obtain this information.

The Archive Request Form may be downloaded from the Forms section of this web site. If you choose to download the form, you still MUST obtain the appropriate location numbers by contacting the appropriate Clerk's Office. You may also obtain the form in person or by writing to the divisional office of the Bankruptcy Clerk in which the case was closed. Written requests for archived documents must include the case name, case number, filing date and the title of the specific document requested and be accompanied by the required search fee of $20.00 per case number made payable to the U.S. Bankruptcy Court and a self-addressed, stamped envelope. In addition, please include your name, address, and daytime telephone number.

If you wish to review an entire case file which is currently in archives, it can be retrieved from the National Archives & Records Administration and shipped to the divisional office of the Bankruptcy Clerk at a cost of $25.00 (copy fees are additional). Written requests for a file retrieval should be submitted to the divisional office of the Bankruptcy Clerk in which the case was closed and such requests must contain the case name and case number of the file to be retrieved. In addition, your daytime telephone number should be provided so that you can be contacted when the file is available in the Clerk's Office. Files usually arrive within a week. You may alternatively arrange an appointment to view the file at the Federal Records Center in Fort Worth by calling (817) 334-5515.

Even if the document is currently archived at the FRC, it is possible that the images are still available online using WebPACER at pacer.txeb.uscourts.gov.

If you are unsuccessful in locating your document using the FRC search page, it is most likely still at the court.

D-11. How may I obtain a certified copy of a document? [02/25/2002]

You may obtain a certified copy of a document by visiting the Office of the Bankruptcy Clerk for the division in which the case is processed. A certification fee of $5.00 per document, and a photocopy fee of $.50 per page must be paid.

You may also submit by mail a written request for a certified document. A written request must be accompanied by a $20.00 per case search fee, as well as the $5.00 certification fee per document, and a photocopy fee of $.50 per page, all payable in the form of either a bank cashier's check or money order made payable to the Clerk, United States Bankruptcy Court. A written request should include the case name, case number, filing date, and the title of the specific documents which you wish to have certified. In addition, please include your name, address, daytime telephone number and a self-addressed stamped envelope of proper size and postage for the documents requested.

D-12. How do I seek particular relief from the Court (i.e. what is a "motion")? [10/30/2000]

Except for certain types of relief specified in Federal Rule of Bankruptcy Procedure 7001, the Court will grant relief to a party only upon the presentation of a written motion for such relief. A motion is a written statement in which the party who is requesting an action (the "movant") sets forth the particular factual and legal grounds which entitle him to the relief requested.

D-13. Are there particular rules which govern the filing of a motion? [10/30/2000]

Yes. Every motion, whether filed by an attorney or by a pro se litigant, must comply with the applicable provisions of the Bankruptcy Code, as well as the Federal Rules of Bankruptcy Procedure and the Local Rules of Bankruptcy Procedure, and be served by First Class United States Mail upon all parties entitled to receive notice of its filing. A motion must also be accompanied by a proposed order granting the relief sought by the motion. A deficient motion will be subject to possible dismissal or denial.

A copy of the Local Rules of Bankruptcy Procedure may be downloaded from the Rules section of this web site.

A practices and procedures guide regarding the filing of motions and applications before the United States Bankruptcy Court of the Eastern District of Texas is available.

D-14. May I fax my pleadings to the Clerk's office for filing? [10/30/2000]

No. The Court does not accept for filing purposes pleadings sent by facsimile transmission.

D-15. How does my motion get presented to the bankruptcy judge? [10/30/2000]

Most motions filed with the Court are placed into "suspense" for a particular period of time after filing. The length of this suspense (or negative notice) period is specified in the Local Rules of Bankruptcy Procedure. This procedure is utilized in order to give affected parties the opportunity to object to the relief requested by the motion and to request a hearing before the Court. If a motion is unopposed upon expiration of the required suspense period, it is then forwarded to the assigned bankruptcy judge for consideration. The judge reserves the right to set any matter for hearing.

D-16. How will I know if an order has been signed? [10/30/2000]

Once the assigned judge has issued an order upon a particular motion, the staff of the Office of the Bankruptcy Clerk promptly enters such orders upon the case docket. The Bankruptcy Code and Rules specify the parties entitled to be notified upon the entry of a particular order. Such parties are sent a "Notice of Entry of Order" from the Bankruptcy Noticing Center.

Electronic copies of orders may be available through WebPACER at pacer.txeb.uscourts.gov

D-17. May I speak directly to the bankruptcy judge? [10/30/2000]

No. Federal law prohibits any "ex parte" contact with the Court in order to preserve the integrity of the Court and to prevent the appearance of any impropriety or allegations of preferential treatment for any party.

D-18. As an attorney, who must I contact in order to be admitted to practice before the United States Bankruptcy Court for the Eastern District of Texas? [10/30/2000]

To practice before the United States Bankruptcy Court in this district, an attorney must be admitted to practice before the United States District Court for the Eastern District of Texas. For information regarding admittance to the Eastern District bar, please contact the United States District Clerk at 903.935.2912 or you may access the District Court's web site at www.txed.uscourts.gov.

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