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Frequently Asked Questions
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How do I object to a debtor's general discharge or the discharge of a debt owed by the debtor?
The U. S. Courts website has information for creditors interested in objecting to a debtor’s discharge or the dischargeability of their specific debt at the following link under the heading “Does the debtor have the right to a discharge or can creditors object to the discharge:”
The local rules on objections to the discharge or dischargeability of certain debts are available at the following link:
The issues surrounding objections to discharge are complex and time sensitive. Creditors are strongly encouraged to contact an attorney when considering objecting to a discharge or dischargeability of a specific debt.
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How do I know when the deadline is to object to a debtor's discharge or the dischargeability of a debt owed to me by the debtor?
You will find the deadline to object to the discharge or the dischargeability of a debt on the “Notice of Bankruptcy Case” (Official Bankruptcy Form B309), which is sent to all creditors listed on the debtor’s schedules when a case is opened. If you did not receive this notice in the mail, you can access it online from the case docket using PACER.
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I received a notice and summary of the trustee's "Final Report and Accounting." How long will it be before I receive payment on my claim?
Generally, trustees distribute funds to creditors six to eight weeks after they send out the notice of the "Final Report and Accounting," but that period may be longer. Please contact the Chapter 7 trustee if you have further questions.
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I am a creditor in a Chapter 11 case, and the plan of reorganization has been approved. When will payments begin?
Creditors should review the Chapter 11 plan carefully to determine when payments should begin.
Please consult your attorney for additional assistance in determining when payments should begin.
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I am a creditor in a case that converted to another chapter. Do I have to file another proof of claim?
The claims register is not modified when a case converts to another chapter, and the filed date and dollar amounts of claims remain the same. In most situations, you do not need to file another claim. In the event your claim needs to be re-filed, you would be notified.
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I am a creditor in a Chapter 7 case. When can I expect payment?
The Clerk's Office staff do not have information as to when or if you will receive a payment in a Chapter 7 case. General information on possible payments to creditors in a Chapter 7 case is available at the following link under the heading "Role of the Case Trustee:"
http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics
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The debtor owes me child support. How can I find out if my debt is nondischargeable?
Information on a child support creditor's rights is available at the following link under the heading "Are all of the debtor's debts discharged or only some:"
You are strongly encouraged to contact an attorney to determine your rights if you are owed child support by a debtor.
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I am a creditor. What should I do if my address changes from the address on my proof of claim?
To update the address listed on your proof of claim, complete a “Notice of Change of Address of Creditor” form, which is available on the court’s website or at the link listed below:
Submit the completed form by mail or bring it to the Clerk's Office during normal business hours.
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Is there a deadline for filing a proof of claim?
The deadline for filing a proof of claim (“Claims Bar Date”) will vary depending on what chapter the bankruptcy was filed under.
A Chapter 7 case does not have a “Claims Bar Date” until a “Notice to File Claims” is entered in the case. Once this happens, and you are listed as a creditor in that case, you will be sent a “Notice to File Claims.”
Creditors listed in a Chapter 9 or 11 case will receive a notice of the last date within which proofs of claim may be filed shortly after the entry of the “Order Fixing Time Within Which to File Proofs of Claim.”
Creditors listed in a Chapter 12 or 13 case will receive notice of the deadline in the “Notice of Bankruptcy Case” (Official Bankruptcy Form B3099).
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Why did I receive this notice? I have no knowledge of this person or company?
The “Notice of Bankruptcy Case” (Official Bankruptcy Form B309) is used to give notice of the filing of the bankruptcy case, the time, date, and location of the meeting of creditors, the time for filing various documents in the case, instructions for filing proofs of claim, and other information concerning the case.
If you feel you were notified in error, you may contact the debtor’s attorney. You will find debtor’s attorney address and phone number on the form.