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FAQsFiling Without an Attorney, Frequently Asked Questions (FAQ)Filing Without An Attorney (Pro-Se Debtor)
Can I view bankruptcy documents on the court's website? Complete case information is immediately available to attorneys, parties and the general public through PACER. This includes the ability to view the full text of all filed documents and the case information. Please see the PACER website for subscription information.
Can the public access CM/ECF to electronically file documents? No. Full access is given to attorneys and limited access is available to certain other professionals (creditors, trustee staff, etc.). All have completed CM/ECF training and as registered participants, have been given a login and password to file in CM/ECF.
How do I get the Bankruptcy removed from my credit report? The bankruptcy court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies.
The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters.
You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems. For information on credit practices, contact (202) 326-3224.
Equifax (800) 997-2493 Experian (888) 397-3742 Trans Union (800) 888-4213
When filing paper documents with the court, how many copies do I need? Only the original copy is required. If you wish to have a conformed copy returned to you, an additional copy is required. If you are mailing your documents to the court, you must include a self-addressed, postage-paid envelope of the appropriate size to hold the conformed copy.
Do I need an attorney to file bankruptcy? Local rule 3-9(b) requires, "A corporation, unincorporated association, partnership or other entity may appear only through a member of the bar of this court."
While it is possible to file an individual or joint (husband and wife) bankruptcy case 'pro se,' that is, without the assistance of an attorney, it is extremely difficult to do so successfully. Hiring a competent attorney is highly recommended. For information about referral programs, contact your local bar association.
Do I need to send a copy of the petition to anyone else? It is your responsibility to proceed with what you think is necessary to notify the appropriate people. The Clerk's Office will notify the creditors that are listed in the initial petition of the bankruptcy by means of a notice within five business days, provided that you have listed complete street addresses, city, state and zip code of all creditors.
What are the minimum documents that I need to file for an individual emergency petition? - Voluntary Petition - Statement of Social Security Number - Certificate of Credit Counseling - List of Creditors
What if I have an emergency paper filing after regular business hours? The court is open to the public between the hours of 9:00 a.m. to 4:30 p.m. Monday through Friday, except on Federal holidays. To file an emergency petition after regular business hours, a pre-approved appointment must be arranged. Please contact the appropriate Intake office to arrange for an emergency filing:
San Francisco: (415) 268-2300 San Jose: (408) 278-7500 Oakland: (510) 879-3600 Santa Rosa: (707) 525-8539
Where can I obtain bankruptcy forms? Forms are available at most office supply stores, businesses that sell legal forms or from sites on the Internet, including the California Northern Bankruptcy Court’s website and the U.S. Courts website. The Bankruptcy Court Clerk's office does not stock forms.
The court has four divisional offices located throughout the Northern District. Divisional Offices are located in San Francisco, San Jose, Oakland, and Santa Rosa. The specific location for filing or reviewing bankruptcy petitions is determined by the debtor's county of residence.
How can I apply for a waiver of the filing fee? Federal law, 28 U.S.C. §1930, requires a fee to file a bankruptcy petition. If you cannot pay the full fee at the time of filing, you may submit an Application to Pay Filing Fee in Installments. If your application to pay in installments is approved, you will be permitted to complete paying the fee over the course of four months. See Fed.R.Bankr.P. 1006.
If the Chapter 7 debtor's income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 28 U.S.C. § 1930(f). The form, Application for Waiver of Chapter 7 Filing Fee, which is available from the US Court’s website , must be completed to make that application. If the Court denies the request, the debtor will be required to pay the fee in full or with installments.
Can Debtors pay their filing fee by personal check, credit or debit card? No. The only acceptable forms for paying fees are money orders, cashiers’ checks, or cash. General Bankruptcy, Frequently Asked Questions (FAQ)
General Bankruptcy / US Trustee
Calendar Information Case Information
Attorney Creditor (14-19)
GENERAL What is the difference between chapters? Chapter 7: Often called the liquidation chapter, chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In chapter 7 asset cases, the debtor's estate is liquidated under the rules of the bankruptcy code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the proceeds are distributed to creditors. Chapter 11: Often called the reorganization chapter, chapter 11 allows corporations, partnerships, and some individuals to reorganize, without having to liquidate all assets. In filing a chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business. Chapter 13: An individual with a regular income who is overcome by debts, but believes such debt can be repaid within a reasonable period of time, may file under chapter 13 of the bankruptcy code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the bankruptcy court trustee for payment to creditors. If the court approves the plan, the debtor will be under the court's protection while repaying such debts. More information regarding the difference between chapters can be found in the Bankruptcy Basics Manual. How do I find out who the trustee is in a case? The court prints the name of the trustee in Chapters 7, 12, or 13 bankruptcy cases on the Notice of Bankruptcy, Meeting of Creditors and Deadlines. You may obtain the trustee's name by accessing the court's Voice Case Information System (VCIS) or through Public Access to Court Electronic Records (PACER). The name of the trustee is also accessible via the public terminals in all divisional offices or you may call the divisional office where the case is pending or was closed. Where do I get procedural information? Procedures on our website are divided into three sections: district, division and national. Please see the Rules and Procedures link for further information. The creditor's matrix is a list of the creditors in your case. It must be filed in the proper format so that it can be used by the court’s automated noticing system. Please see Amended General Order 13 for creditor matrix formatting instructions. What is a 341(a) Meeting Of Creditors? The meeting of creditors is a hearing all debtors must attend in any bankruptcy proceeding. It is held outside of the presence of the judge and usually occurs between 20 and 40 days after the filing of the petition. In chapter 7, 12, and 13 cases, the trustee assigned to the case conducts the meeting. In a chapter 11 case, a representative of the United States Trustee’s Office conducts the meeting. The meeting permits the trustee or the representative of the U.S. Trustee to review the debtor’s petition and schedules with the debtor. The debtor is required to answer questions under penalty of perjury (swearing or affirming to tell the truth) about the debtor’s conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case or the debtor’s right to discharge. In addition, the trustee or U.S. Trustee’s representative will ask questions to ensure that the debtor understands the bankruptcy process. The meeting is referred to as a meeting of creditors because creditors are notified that they may attend and ask the debtor questions pertaining to assets or any other matter pertinent to the administration of the case. It is also referred to as a 341 meeting because it is mandated by Section 341 of the Bankruptcy Code. Creditors are not required to attend these meetings and do not waive any rights if they do not attend. The meeting usually lasts only about ten to fifteen minutes and may be continued if the trustee or U.S. Trustee’s representative is not satisfied with the information presented. If the debtor fails to appear and provide the information requested, the trustee or U.S. Trustee’s representative may request that the case be dismissed, or may seek other relief against the debtor for failure to cooperate. If the case involves spouses filing jointly, both spouses must appear at the meeting of creditors. Who do I notify about a possible fraudulent filing? In order to expedite the handling of complaints of criminal violations in the bankruptcy system, the United States Trustee requires that your complaint be submitted in a signed letter, bearing your return address and telephone number. Your complaint will be reviewed promptly upon receipt. If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. A clearly written statement containing copies of any available documentation will expedite this process. The following information should be submitted with your complaint: 1. Name and address of the person or business you are reporting. 2. The name of the bankruptcy case, case number, and the location of where the case was filed. 3. Any identifying information you may have regarding the individual or the business. 4. A brief description of the alleged fraud, including how you became aware of the fraud and when the fraud took place. Please include all supporting documentation. 5. Identify the type of asset that was concealed and its estimated dollar value, or the amount of any unreported income, undervalued asset, or other omitted asset or claim. 6. Your name, address, telephone number, and email address. You are not required to identify yourself, though it is often helpful to do so if questions arise. Letters may be submitted via e-mail to USTP.Bankruptcy.Fraud@usdoj.gov. You may also submit the written letter to one of the following addresses:
For more information regarding reporting suspected bankruptcy fraud, please see the United States Trustee's website. 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 , and the Local Rules for the United States Bankruptcy Court, Northern District of California. General Bankruptcy / US Trustee What is the function of the The Office of the U.S. Trustee is an executive branch agency that is part of the Department of Justice. Its responsibilities include monitoring the administration of bankruptcy cases and detecting bankruptcy fraud. It is also responsible for appointing interim trustees to administer chapter 7 cases from a previously appointed panel of private individuals, lending support to and overseeing the debtor-in-possession in chapter 11 cases, and appointing and supervising standing trustee in chapter 13 cases. The individuals appointed by the U.S. Trustee to serve as interim or standing trustees in individual bankruptcy cases changes over time. If you would like additional information regarding either the trustee program in general or individual trustees, you should contact the Office of the U.S. Trustee or the Region 17 Office of the U.S. Trustee website.. What is Credit Counseling and Personal Financial Management? Credit counseling is conducted by a United States Trustee authorized credit counselor and must be completed before you file for bankruptcy. It is a requirement for ALL individual debtors. When you have received your credit counseling, the credit counselor will issue a certificate that must be filed with the bankruptcy court. If you are filing jointly with your spouse, both of you must complete credit counseling. The failure to timely file a properly issued credit counseling certificate will result in the dismissal of your bankruptcy case. If applicable, the credit counselor may issue a proposed budget and repayment plan (if one is prepared, it is to be filed along with the certificate). Personal financial management is a course that you take, after you file bankruptcy, from an agency authorized by the United States Trustee. It is only required for chapter 7 and 13 individual debtors. Once you have completed the training, you must file Official Form B 23 . If a certificate was provided, this must be submitted at the time of filing the B23 form. In chapter 7 cases, the certificate regarding completion of a financial management course must be filed within 45 days of the first scheduled 11 U.S.C. 341 Meeting of Creditors. In chapter 13 cases, the certificate of course completion is due prior to the completion of all plan payments so that a discharge may be obtained. The failure to timely file the certificate of course completion in either a chapter 7 or 13 case could result in your case being closed without the issuance of a discharge. If this occurs, you will need to pay a filing fee to reopen the case. Please visit the US Trustee’s website for the most recent information on approved credit counseling agencies and personal financial management instructional course providers. Calendar Information How do I obtain a hearing date? Please refer to the procedures, of the judge assigned to your case, for information regarding setting a hearing date. Hearing information is also available in the court's local rules. Case Information How do I get copies of documents or certified copies? Copies and/or certified copies can be obtained through the court. Please see the bankruptcy fees page for information regarding payment for certified copies.. For more information regarding copy charges, please contact our divisional offices, San Francisco, Oakland, Santa Rosa, San Jose. How do I obtain case information? Bankruptcy cases are public records and are available for viewing in the Clerk's Office where the case was filed. In addition, the court's Electronic Case Filing (ECF) system provides access to court files via the Internet. Basic information about a case is available through the Voice Case Information System (VCIS) or through Public Access to Court Electronic Records (PACER). Closed cases that pre-date 2005 may also be viewed at the National Archives Records Administration in How do I find out if someone has filed Bankruptcy? PACER has a national index search tool called the U.S. Party/Case Index. With a valid PACER account, you may search the entire country for a specific debtor. The results will give you the party name, case number and jurisdiction in which the case was filed. The report will allow access to a case's docket.
Is bankruptcy information public information? Can anyone look at it? The information contained in documents filed in bankruptcy cases are a matter of public record. Documents may be accessed in the Clerk's Office during regular business hours or, for those who have access to PACER, via the Internet 24-hours a day. Unless a document is sealed, all pleadings filed in a bankruptcy case are available for viewing. Debtors should note that filing a bankruptcy may adversely affect their credit rating. Credit reporting agencies regularly collect and disclose bankruptcy data to the public. Attorney How do I get admitted to practice in the bankruptcy court? Attorneys must be admitted to practice before the United States District Court for the Northern District of California. Please contact the District Court for further information. Creditor A business or individual has filed for bankruptcy and owes us money. What do we do? If you have been listed as a creditor in a bankruptcy case, you are advised to carefully read all information provided on court notices. If and when assets are found, you will receive a proof of claim form. If you have not received a proof of claim form, you may obtain one from any Clerk's Office or via the Internet. You may also send a letter requesting a proof of claim form, along with a self addressed stamp envelope, to the Clerk's Office . Please complete and file the original and one copy of the proof of claim with the Clerk's Office. Please enclose an extra copy of the proof of claim, along with a self-addressed stamped envelope, if you wish to receive a conformed copy of this document. For information regarding when a claim will be paid in an asset case, you are urged to contact the trustee assigned to the case. The trustee's contact information is located in the Notice of Chapter [7 or 13] Bankruptcy Case, Meeting of Creditors & Deadline. Additionally, you may contact the debtor's attorney whose name and telephone number is contained in the Notice of Chapter [7, 11 or 13] Bankruptcy Case, Meeting of Creditors & Deadlines. A proof of claim is not needed for a no asset case. Please note, Clerk's Office staff cannot provide any legal advice. The court strongly recommends creditors to consult with a qualified bankruptcy attorney. A claim is any right to payment held by a person or entity against a person or entity that filed bankruptcy. The written statement filed in a bankruptcy case setting forth a creditor’s claim is called a proof of claim. The proof of claim should include a copy of the documentation giving rise to the claim, as well as evidence of secured status if the claim is secured. In certain cases, the notice of meeting of creditors sent to all creditors listed includes a proof of claim form. Is there a deadline for filing a Proof of Claim? If the trustee files a Notice of Possible Dividends in a chapter 7 no asset case, you will be sent a notice of the deadline (bar date) by which a claim is due. In a Chapter 7 “asset” case, the deadline (bar date) for creditors who have claims against the debtor is stated in the Notice of Chapter 7 Bankruptcy, Meeting of Creditors and Deadlines. The date should be not exceed ninety days after the first date set for the Meeting of Creditors. In Chapter 9 and 11 cases, creditors will receive a specific notice of the deadline (bar date) by which a claim is due. In a Chapter 13 case, the deadline (bar date) for creditors who have claims against the debtor is detailed in the Notice of Chapter 13 Bankruptcy, Meeting of Creditors and Deadlines. The date should be not exceed ninety days after the first date set for the Meeting of Creditors. In a Chapter 12 case, the deadline (bar date) for creditors who have claims against the debtor is noted on the Notice of Meeting of Creditors. The date should be not exceed ninety days after the first date set for the Meeting of Creditors. I am a creditor in a Chapter 7 asset case and received notice that I am to receive a payment from the Trustee. When will I receive payment? Generally, trustees distribute funds to creditors six to eight weeks after they send out the notice of the Final Report and Accounting, however, the distribution of funds may take longer than the above designated timeline. If you have questions, please contact the Chapter 7 trustee. I am a creditor in a Chapter 11 case and the plan of reorganization has been approved. When will payments be distributed? Each specific plan has different provisions pertaining to the time and amounts of creditor payments. Please consult the plan to find out the payment distribution schedule. If you have questions, please consult with your attorney or call the debtor’s attorney and ask him when your class of creditors will be paid. I am a creditor. What should I do if my address changes from the address on my Proof of Claim? You should file a Notice of Change of Address with the Court.
CM/ECF and PACER, Frequently Asked Questions (FAQ)
What is Electronic Case Filing CM/ECF is a comprehensive case management system that will allow courts to maintain electronic case files and offer electronic filing over the Internet. As case documents are filed, the information is immediately available electronically through the Internet. What are the hardware/software specifications for CM/ECF? Refer to the CM/ECF home page for more details. How do attorneys register for CM/ECF? In order to electronically file court documents and to receive e-mail notices of filed documents, attorneys must be admitted to practice before the Court and be registered to file electronically. Attorneys who file electronically in other federal courts may apply for a training waiver. Please see the CM/ECF home page or the Administrative Procedures for more information. How do I start receiving email notices from the court? You must be an attorney and a registered participant on the system and have a current login and password. As the attorney of record in a case you will automatically receive email notices from the court. How do I sign up to receive notices from the Bankruptcy Noticing center (BNC) via e-mail? To sign up, visit the BNC's public web site, at www.ebnuscourts.com, read the information provided, download and complete the registration form, and submit it to the BNC. Where do I obtain information about PACER? You may obtain information from the PACER website. The electronic notice I received has a link to the docket sheet. Am I charged to view the docket sheet? Yes, the fee is applied for accessing a docket sheet and any documents accessed from the link on the docket sheet. My firm already has a PACER login and password. Do I need to establish a separate PACER account, or can I use the firm account? The firm PACER account can be used for the query component of CM/ECF. However, if you would like to keep the billing separate from the firm's, you will need to establish a new PACER account. A PACER account may be obtained from their Reigstration Page. How do I change my default PACER login? Once you are logged in as a CM/ECF filer, click on the Utilities menu. Under the Your Pacer Account category, click Change Your PACER Login. Enter a new PACER login and password. You can change the default PACER login by checking the box Make this my default PACER login. Once you associate a PACER login and a filer login, there is no way to un-associate the two without making another PACER login the default. What should we do when an attorney leaves the firm? When an attorney leaves, the law firm is required to notify the court and indicate the name of the attorney taking over the active cases. This can be accomplished by filing the CM/ECF event, under the Miscellaneous category, Notice of Appearance (of substitute counsel) on each active case. If the attorney leaving the firm is taking the cases, the attorney must file a “Notice of Change of Address” on each case. If a list of active cases is required, please contact the IT Help Desk via email at helpdesk@canb.uscourts.gov. I am changing firms. Do I need to establish a new e-filing login and password? You do not need to register for CM/ECF more than once. Even if you change firms, your login remains valid. However, you must file a Notice of Change of Address. It may also be necessary to establish a new PACER login and password. Contact the Pacer Service Center for assistance. How do I change my email address with the Court? Send an email to the helpdesk. The email address is helpdesk@canb.uscourts.gov How do I change my CM/ECF password? Send an email to the helpdesk - the email address is helpdesk@canb.uscourts.gov - and request a new password. Can I have the same filing login for all courts I practice in? Since each court assigns the filing login for filing privileges in the CM/ECF system, it is not possible to obtain a universal filing login at this time. Is there a time limit for when the free copy expires? Yes. 15 calendar days. Who receives the automatic e-mail notification? Email notification will be sent to all attorneys who are registered participants in CM/ECF and represent parties on the case, who requested special notice or are parties in any associated cases. Can an attorney’s support staff receive a copy of the Notice of Electronic Filing (NEF) e-mail? Yes. Attorneys have the option of authorizing duplicate receipt of the NEF to one member of his/her support staff. Is there a limit as to how many additional email addresses I may add to my profile? Yes, one. If I forward an e-mail notification I received to another individual will that individual be charged for viewing the document? The document within an email notification is accessed by a hyperlink. This hyperlink takes you to a site which will allow the first viewing to be free. The first individual to view the linked document will not be charged. If you forward the email notification without viewing the document, the recipient of the email will be able to view the document for free. Anytime after the first viewing, a charge will be incurred to view the document. If additional access to the document will be required, save it to a local hard drive during the first viewing. How do we know who is participating electronically on a case? Within the Utilities menu option in CM/ECF there is a miscellaneous option to view Mailing Information. Attorneys can look at this information to see who is receiving service electronically and who is receiving paper service. Attorneys who are electronic participants are also listed on the Notice of Electronic Case Filing that is generated by CM/ECF after documents are filed. The Notice of Electronic Case Filing can also be viewed by opening the “silver bullet” hyperlink next to each electronically filed docket entry. I tried to file a document but it says format not recognized, what am I doing wrong? All documents must be submitted in Adobe PDF (portable document format) with an extension of ".pdf". Two common errors occur. First, a user thinks that he/she saved the document in PDF. The user then tries to file the WordPerfect version of the document; not the saved PDF version. Second, a user fails to indicate the full path name for the PDF file he/she wants to upload. Because the system could not find the file, it responded with the "format not recognized" message. The best way to avoid this problem is to use the Browse button on the file selection screen and navigate to the file you wish to upload. Be sure to right click on the document and open it in Adobe before completing the selection. Does it matter what paper size setting is used in creating PDF files? Yes. Always use 8.5" x 11" paper size when scanning or converting documents to PDF files. After creating each PDF file, verify that an 8.5" x 11" document was created. (In Adobe, this can be found under the File menu, Properties) What do I do if I filed a document in the wrong case? Prepare a new document withdrawing the original document, and file the withdrawing document using the event Withdrawal Document(s) from the Miscellaneous category under the Bankruptcy or Adversary menu. What should an attorney do if the documents they are filing are not listed in the attorney event list? Contact the division where the case is and ask for assistance. If I filed a fee-generating document and was not prompted to pay, what do I do? Check to see if you have a pop-up blocker. If so, it needs to be disabled. Then proceed to the Utilities menu, under the Your CM/ECF Account category, click Internet Payments Due and you will be taken to the pay.gov payment screen Where can I go to pay my outstanding fees? Under the Utilities menu, under the Your CM/ECF Account category, click Internet Payments Due and you will be taken to the pay.gov payment screen. How can I find out when I paid a fee? Under the Utilities menu, under Your Account click Internet Payment History. Insert the date range and submit. I am trying to file a proof of claim for a creditor. The creditor is listed in the case, but the address for the creditor is incorrect. How can I change the address? You cannot change the address, but can add a new address by selecting Add Creditor and entering the creditor’s name and the correct address. Or docket a Notice of Change of Address for the creditor, wait 24 hours, then file the claim under the correct address. If I file a proof of claim in the wrong case, what do I do? Prepare a new document withdrawing the proof of claim and file it using the event Withdrawal of Claim from the Claim Actions category under the Bankruptcy menu. Interpreter / Hearing Impaired Services, Frequently Asked Questions (FAQ)Questions about interpreters and hearing impaired assistance.
Will the Bankruptcy Court provide and pay for an interpreter for me?
To obtain a court interpreter, please refer to Title 28, 11 U.S.C. §1827 (Interpreters in Courts of the United States) and Title 28, U.S.C. §1828 (Special Interpretation Services).
Does the Bankruptcy Court provide any services for those who are hearing impaired?
For those with hearing disabilities, all courtrooms are equipped with an infrared assisted listening device. If you need to use the assisted listening device, please notify the courtroom deputy prior to the hearing. A 24 hour notification is requested.
ASL (american sign language) interpreters may be provided, at Court expense, to a party, attorney, and witness or other participant in a judicial proceeding, whether or not the proceeding is initiated by the FAQ - Calendar InformationCalendar Information How do I obtain a hearing date? The process of setting a hearing varies significantly depending on each judge and is available under that judge’s procedure. Please select the specific Judge [drop down box here} Judge Newsome, Judge Morgan, Judge Jellen, Judge Montali, Judge Jaroslovsky, Judge Tchaikovsky, Judge Carlson, Judge Weissbrodt, Judge Efremsky You will also need to reference the court's Local Rules page for more information. |
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