Here are some questions we get asked about bankruptcy.
Who are the parties in a bankruptcy proceeding?
The parties in a bankruptcy proceeding are:
- Debtor: The person or entity who owes money and the party filing for bankruptcy relief.
- Creditor: The person or entity who is owed money.
- Trustee: The third party appointed through the United States Trustee Program of the Department of Justice to administer the bankruptcy and represent the interests of the bankruptcy estate. There is a panel of Chapter 7 Trustees where cases get assigned on a rotational schedule, but there are standing Chapter 13 Trustees.
- Debtor’s attorney: The professional who will assist the person or entity filing for bankruptcy relief, evaluate and explain the available options, and offer legal advice.
- Clerk: The office where a bankruptcy petition and other documents are filed in the United States Bankruptcy Court.
- Judge: A judicial officer of the United States Bankruptcy Court who has decision making.
What documentation should I bring with me to my first meeting with my attorney?
Gather all recent bills, any legal documents or foreclosure notices, paystubs, and copies of tax returns.
Is there anything I need to do before I file for bankruptcy?
Federally approved credit counseling must be obtained within six months before a bankruptcy is filed.
List of Approved Credit Counseling Agencies
List of Approved Credit Counseling Agencies
What are the filing fees?
The filing fee for a Chapter 7 bankruptcy is $335. The filing fee for a Chapter 13 bankruptcy is $310. Attorney's fees will be discussed and agreed to in meetings before filing. Debtors, including corporate debtors, must pay filing fees by money order or cashier's check. Personal checks are not accepted from debtors.
What is the difference between the types of bankruptcy?
USCourts.gov's Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and to answer some of the most commonly asked questions about the bankruptcy process.
Where do I file for bankruptcy?
Where a debtor files depends on where the debtor resides or has its principal place of business or principal assets. The counties and filing locations for the Western District of Washington are the following:
Cases filed in Seattle: Clallam, Island, Jefferson, King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties
Cases filed in Tacoma: Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, and Wahkiakum counties
Cases filed in Seattle: Clallam, Island, Jefferson, King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties
Cases filed in Tacoma: Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, and Wahkiakum counties
What is a debtor education course and where can I find one near me?
Debtor Education Course
Any time after the bankruptcy is filed, a post-filing federally approved debtor education course must be completed in order to be eligible for a discharge.
Approved Debtor Education Programs
Any time after the bankruptcy is filed, a post-filing federally approved debtor education course must be completed in order to be eligible for a discharge.
Approved Debtor Education Programs
What is an Automatic Stay?
When a bankruptcy petition is filed, with some exceptions, an automatic stay goes into place which stops creditors from taking or continuing collection action. The automatic stay stops a creditor from making phone calls or sending letters regarding debt collection.
What is the Bankruptcy Code?
The Bankruptcy Code is the informal name for the statutes governing bankruptcy found at Title 11 of the United States Code. The Bankruptcy Code contains various chapters that provide legal procedures for individuals and businesses to deal with debt problems.
What is the function of the U.S. Trustee and where is that office located?
The Clerk's Office sends a notice to the debtor and to all the creditors that provides the date, time, and location of the section 341 meeting of creditors. The location of the meeting depends on the county where the debtor resides or has its principal place of business or assets on the date it files the petition.
Pierce, Lewis, Mason, Thurston, and Grays Harbor (Chapter 7 and Chapter 13)
U.S. Courthouse
Union Station
1717 Pacific Ave., Courtroom G or J
Tacoma, WA 98402
Clark, Cowlitz, Pacific, Skamania, and Wahkiakum (Chapter 7 and Chapter 13)
Vancouver Federal Building
500 W 12th, Second Floor
Vancouver, WA 98660
Pierce, Lewis, Mason, Thurston, and Grays Harbor (Chapter 7 and Chapter 13)
U.S. Courthouse
Union Station
1717 Pacific Ave., Courtroom G or J
Tacoma, WA 98402
Clark, Cowlitz, Pacific, Skamania, and Wahkiakum (Chapter 7 and Chapter 13)
Vancouver Federal Building
500 W 12th, Second Floor
Vancouver, WA 98660
What is a Section 341 meeting of creditors?
Section 11 U.S.C. 341 requires every debtor to personally attend a meeting of creditors and to submit to an examination under oath. The bankruptcy trustee presides at the meeting. No later than seven days prior to the 341 Meeting, all Chapter 7 or 13 debtors must provide the trustee with certain documents or the case may be dismissed. Debtors are required to bring two pieces of identification with them to the 341 Meeting. At the 341 Meeting, creditors may question the debtor under oath. Creditors are not required to attend the meeting.
Where is the Section 341 meeting held?
The Clerk's Office sends a notice to the debtor and to all the creditors that provides the date, time, and location of the section 341 meeting of creditors. The location of the meeting depends on the county where the debtor resides or has its principal place of business or assets on the date it files the petition.
Pierce, Lewis, Mason, Thurston, and Grays Harbor (Chapter 7 and Chapter 13)
U.S. Courthouse
Union Station
1717 Pacific Ave., Courtroom G or J
Tacoma, WA 98402
Clark, Cowlitz, Pacific, Skamania, and Wahkiakum (Chapter 7 and Chapter 13)
Vancouver Federal Building
500 W 12th, Second Floor
Vancouver, WA 98660
Pierce, Lewis, Mason, Thurston, and Grays Harbor (Chapter 7 and Chapter 13)
U.S. Courthouse
Union Station
1717 Pacific Ave., Courtroom G or J
Tacoma, WA 98402
Clark, Cowlitz, Pacific, Skamania, and Wahkiakum (Chapter 7 and Chapter 13)
Vancouver Federal Building
500 W 12th, Second Floor
Vancouver, WA 98660
What is a bankruptcy discharge?
A bankruptcy discharge is a release of personal liability for certain types of dischargeable debts. Creditors are prohibited from collecting on discharged debts.
How do I remove inaccurate information from my credit report?
Under the Fair Credit Reporting Act, both the credit reporting agency and the creditor are required to correct inaccurate or incomplete information on a credit report. You can view a summary of your rights under the Fair Credit Reporting Act at http://www.ftc.gov/bcp/menus/consumer/credit/rights.shtm.
Additional information is available on the Federal Trade Commission website, Facts for Consumers.
Contact the credit reporting agencies at:
Equifax Information Service Center
Attn: Consumer Dept.
PO Box 740241
Atlanta, GA 30374
1-888-909-7304
www.equifax.com
TransUnion Corporation
National Consumer Disclosure Center
PO Box 7000
North Olmstead, OH 44070
312-408-1400
www.transunion.com
Experian
Consumer Assistance
PO Box 2350
Chatsworth, CA 91313-2350
1-888-397-3742
www.experian.com
The Federal Trade Commission, Bureau of Consumer Protection, has publications and an education program to help consumers.
Additional information is available on the Federal Trade Commission website, Facts for Consumers.
Contact the credit reporting agencies at:
Equifax Information Service Center
Attn: Consumer Dept.
PO Box 740241
Atlanta, GA 30374
1-888-909-7304
www.equifax.com
TransUnion Corporation
National Consumer Disclosure Center
PO Box 7000
North Olmstead, OH 44070
312-408-1400
www.transunion.com
Experian
Consumer Assistance
PO Box 2350
Chatsworth, CA 91313-2350
1-888-397-3742
www.experian.com
The Federal Trade Commission, Bureau of Consumer Protection, has publications and an education program to help consumers.
How long does a bankruptcy remain on my credit report?
In most cases, the Fair Credit Reporting Act limits credit reporting agencies from reporting negative information that is more than seven (7) years old or bankruptcies that are more than ten (10) years old. For a summary of your rights under the Fair Credit Reporting Act, see http://www.ftc.gov/bcp/menus/consumer/credit/rights.shtm.