FREQUENTLY ASKED QUESTIONS & ANSWERS
GENERAL BANKRUPTCY QUESTIONS
Q:
What is the address and phone number of the Bankruptcy Court in my area?
A:
PHOENIX
-- -- U.S. Bankruptcy Court, 230 N. 1st Ave., Suite 101, Phoenix, AZ 85003 Phone:
602.682.4000
TUCSON
-- U.S. Bankruptcy Court, 110 S. Church St, Ste 8-112, Tucson, AZ 85701-1634
Phone: 520.620.7500
YUMA
-- U.S. Bankruptcy Court, 325 W. 19th St, Ste D, Yuma, AZ 85364-5624 Phone:
520.783.2288
Q: What is a Chapter
7 bankruptcy?
A: Chapter 7 is the Bankruptcy Code's liquidation
chapter. It is sometimes referred to as "straight bankruptcy". A
Chapter 7 trustee is appointed to take over your property. Any property
of value will be sold or turned into money to pay your creditors. Depending
on the law of the State in which you file, you may be able to keep some of your
personal and real property. If you have the ability to repay your debts,
after taking into account reasonable and necessary living expenses, you may
not qualify for relief under this chapter.
Q: What is a Chapter 13 bankruptcy?
A: Chapter 13 is frequently referred to
as the "wage earner" chapter. Only an individual with regular income that
owes, on the date of the filing of the petition, noncontingent, liquidated,
unsecured debts of less than $290,525 and noncontingent, liquidated, secured
debts of less than $871,550, or an individual with regular income and such individual's
spouse, except a stockbroker or a commodity broker, that owe, on the date of
the filing of the petition, noncontingent, liquidated, unsecured debts that
aggregate less than $290,525 and noncontingent, liquidated, secured debts of
less than $871,550 may be a debtor under Chapter 13. Under Chapter 13
you repay your debts (or a portion thereof) through a repayment plan. You can
usually keep your property, but you must earn wages or have some other source
of regular income to be a debtor under this chapter. The Court must approve
your repayment plan and budget. A Chapter 13 trustee is appointed, and will
collect the payments from you. The trustee, in turn, will pay your creditors
and monitor your compliance with the terms of your repayment plan. After
completion of all payments under your plan, you will receive your discharge.
Q: What is a Chapter 11 bankruptcy?
A: A chapter 11 bankruptcy allows businesses
and individuals to reorganize their financial affairs by making payments to
creditors through a plan of reorganization.
Q: What is the difference between
the U.S. Trustee and the Trustee assigned to a case?
A: The United States Trustee's Office is
part of the Department of Justice, which oversees all bankruptcy cases. A
Trustee is a private individual appointed by the United States Trustee to supervise
and administer a particular case.
Q: Do you have to have an attorney
to file for bankruptcy?
A: If you are filing as an INDIVIDUAL,
you may file your own case. However, if you are filing as a CORPORATION
or PARTNERSHIP you must file through an attorney.
Q: What is a discharge?
A: A discharge is a Court Order that says
you do not have to pay certain of your debts. Creditors cannot force you
to pay any debts which have been discharged. However, there are many exceptions.
For example, in Chapter 7 a discharge does not excuse payment of most tax debts,
child support obligations, alimony, student loans, court-ordered fines and restitution,
and debts created by fraud or drunk driving among others. In addition,
your discharge may be denied entirely if you conceal property, destroy, falsify,
or conceal records or make a false oath. A creditor may still attempt
to repossess collateral that secures payment of the debt. Please consult
an attorney to find out which debts are dischargeable for your individual situation.
Q: How do I apply for
an internship with your office?
A: Volunteer legal internship positions
are available throughout the year. Due to budget constraints, funding is not
available for these positions. Interns must be at least second-year students
and it is preferable that a bankruptcy course have been taken or is taken concurrently
with the internship. Anticipated work week will consist of a minimum of 20 hours.
Any person interested in interning in the Phoenix office should forward their
resume and letter of interest to U.S. Trustee, 2929 N. Central Ave, Room 700,
Phoenix, AZ 85012.
REQUESTS
FOR COPIES AND/OR STATUS OF CASES
Q: I filed bankruptcy
five years ago, but lost my discharge papers. Where and how can I obtain
a copy of my discharge?
A: Please contact your local
Bankruptcy Court.
Q: When will my case be closed/final?
A: You should speak to your attorney regarding
the closing of your case.
Generally, a chapter 7 no-asset case will be closed approximately 60-90 days
after the 341 Meeting of Creditors, and a chapter 7 asset case will be closed
approximately 90-120 days after a Final Report is filed and after all assets
have been administered. Generally, a chapter 11 case will be closed after
a Final Decree is entered. Generally, a chapter 13 case will be closed
approximately 60-90 days after the Final Report is filed. (Chapter 13
cases last from 36 to 60 months before closing begins).
Q: What exactly is a "341
Meeting of Creditors"?
A: An 11 U.S.C. 341(a) Meeting of Creditors
(aka 341 meeting), provides a forum for creditors and parties-in-interest to
ask the debtor questions under oath about the debtor's financial affairs.
Q: Do I have to appear at the
341 meeting?
A: Debtor's MUST appear at the meeting;
creditors may appear, but it's not mandatory.
Q: I cannot make it to the
341 meeting on that day and at that time. What do I do?
A: Debtors must appear at the meeting or
their case may be dismissed.
Q: Is the building/meeting
room accessible for people with disabilities?
A: Yes, all Region 14 locations conform
to accessibility codes.
Q: How do I confirm
a 341 meeting date and time?
A: Check your Notice of Meeting
of Creditors to confirm the date and time.
Q: Where do I
go for my 341 meeting?
A: Each office has a meeting room with a
waiting area and you should go directly there. These addresses are also
indicated on the Notice of Meeting of Creditors.
Q: What's the
status of a particular case?
A: The
Bankruptcy Court is the official record keeper. Please
contact your local Court.
For PHOENIX, specific information can be obtained
by calling the U.S. Bankruptcy Court's Voice Case Information (VCIS) number
at 602.640.5820.
For TUCSON, specific information can be obtained by calling the U.S.
Bankruptcy Court's VCIS number at 520.620.7475.
For YUMA, specific information can be obtained by calling the U.S.
Bankruptcy Court's VCIS number at 520.783.2474.
Q: What is the balance on my
Chapter 13 account?
A: Please contact your chapter 13 trustee.
Q: I need a copy of my [document].
A: Please contact your local Bankruptcy
Court, as it is the official record keeper.
Q: Our attorney is tied up
at another hearing.
A: If your attorney is not present at the
time your 341 meeting is called, please let the trustee know you are present
and that your attorney is not. Generally, the trustee will then "trail"
your meeting until the end of that hour's calendar. If your attorney is
not present when your case is called again, please present yourself to the trustee,
and follow his or her instructions. Generally, if you are represented
by counsel, your attorney must be present while you are examined by the trustee.
If your attorney is not present for a court hearing, let the Judge know you
are present when your case is called, and follow the Judge's instructions on
what to do next.
Q: I need a copy of my discharge
from five years ago.
A: Please contact your local Bankruptcy
Court, as it is the official record keeper.
Q: What if I am going to be late (stuck
in traffic, car problems, etc.)--do I still need to come to the 341 meeting?
A: Yes, attendance at the 341 meeting is
mandatory.
Q: One of my creditors is not
accepting my discharge. He wants his money. Will you call him and enforce my
discharge?
A: No, please contact your attorney. If
you do not have an attorney, then you need to consider seeking legal advice.
Sending your creditor a copy of your discharge with a copy of the page of the
schedules listing that creditor might solve the problem.
Q: How can I find out if John
Doe has filed bankruptcy?
A: Please call your
local Bankruptcy Court.
BANKRUPTCY FRAUD
Q: What should I do if
I have information that a debtor may be hiding assets and/or has not listed
them on the schedules?
Q: I know
that a debtor has hidden and/or transferred assets before he/she filed bankruptcy.
What should I do?
Q: I want to report bankruptcy fraud. How do I go about this?
A: For all of the above, please send a letter
to the U.S. Trustee with a copy to any assigned trustee detailing your allegations,
including copies of any supporting documents. Please include your name,
address, and daytime phone number. We must have something in writing in
order to investigate or refer to law enforcement authorities.
Region
14 Home * USTP Home * USDOJ
Home
Last updated: 19 October, 2004 2:48 PM
usdoj/ust/r14/th