Eastern District of North Carolina
Wilson Division (252) 237-0248 1760-A Parkwood Blvd Wilson, NC 27893-3564 Raleigh Division (919) 856-4752 300 Fayetteville Street, 2nd Floor Raleigh, N.C. 27601-1799

 

Q's & A's
 
Is it permissible that attorneys sign amendments to schedules?
Should the clerk file a motion without the fee because of a critical time issue involved?
A motion to extend the time to file a complaint objecting to the dischargeability of a debt was presented for filing at the last minute. In the motion, the moving party also requested that, in the alternative, relief from the stay be granted. There was no fee for the stay motion tendered at the time the motion was submitted.
If the last day for filing complaints objecting the dischargeabililty of a debt is a Saturday or Sunday or a legal holiday, must a complaint or motion to extend the time to file such a complaint be filed on Friday?
If a case in which installment fees are owing is dismissed, when is the filing fee due?
Is the claims bar date for government agencies the same as for other creditors?
In an adversary proceeding, is there a filing fee for a third-party complaint?
Does a chapter 7 discharge order entered after the death of the debtor have to reference that the debtor is no longer living?
If a corporate debtor files a voluntary petition after an involuntary petition was filed against it, is there another fee that must be paid for converting the case to a voluntary case?
May the clerk’s office charge an amendment fee if the debtor makes a "front-page" filing (petition and creditor matrix only) and later files its schedules and statements. Is the later filing of the schedules and statements an amendment to the petition?
A company has filed for bankruptcy and owes us money. What do we do?
Do I need an attorney to file bankruptcy?
How do I get the Bankruptcy removed from my credit report?
Where can I obtain petition forms?
How do I get admitted to practice in the Bankruptcy Court?
Is my debt dischargeable?
The company for which I worked filed for bankruptcy. How do I get my W-2 forms for filing my income tax return?
Can the Clerk's Office give legal advice?
How do I know if a debt is secured, unsecured, priority or administrative so I can fill out my schedules correctly?
What does it mean if a case is dismissed?
What is the proper fee for an adversary proceeding instituted by removal from another court?
An application for leave to appeal was filed, and the clerk's office collected a fee of $105 [$5 notice of appeal as required by 28 U.S.C. 1930(c), $100 for docketing an appeal as required by the Bankruptcy Court Miscellaneous Fee Schedule] The motion is denied; the clerk's office was asked if the fee could be refunded?
What is the fee for filing a motion to lift stay, or in the alternative, a motion to convert the case to a chapter 7?
What fee should be charged for converting a chapter 13 to a chapter 7 and for splitting the case?
What fee should be collected for a case that was closed in 1995 and reopened today?
Does the bankruptcy court pay for a sign language interpreter for a ยง341 meeting of creditors?
Is there any definition of what a "page" is, which would apply to the new per page charge for information obtained on the Internet?
 
 
 
 
 
While the information presented above is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a bankruptcy attorney or legal association. For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the United States Bankruptcy Court for the Eastern District of North Carolina.