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FAQs

  • What is the difference between Chapters 7,11 and 13?

    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, 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 case trustee and the cash is distributed to creditors. At the conclusion of this process, individual debtors receive a discharge of their dischargeable debts.
     
    Chapter 11: Often called the "reorganization chapter," Chapter 11 allows corporations, partnerships, and individuals to reorganize their debts, without having to liquidate all their assets. In a Chapter 11 case, 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 financially productive.
     
    Chapter 13: An individual with regular income who is overcome by debts, but believes such debts 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 for payment to creditors. If the Court approves the plan, the debtor will be under the Court's protection while repaying such debts.

     

  • Can the case filing fee be waived?

    Only in a very limited circumstance and with court approval can the case filing fee be waived. For chapter 7 individual cases only, there is a procedure for proceeding In Forma Pauperis if the debtor’s income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. If you cannot afford to pay the fee either in full at the time of filing or in installments, then you may request a waiver of the filing fee by completing Form B3B and filing it with the Clerk of Court. A judge will decide whether you have to pay the fee.
    Alternatively, an individual debtor (but not a corporation or partnership) who is unable to pay the full fee at the time of filing may, at the time of commencing the case, file an application to pay the fee in installments using officialForm B3A.

  • Do I need an attorney to file for bankruptcy?

    Individuals are not required to have an attorney to file bankruptcy, although it is highly recommended. Corporations, partnerships and trusts must be represented by an attorney to file bankruptcy. Bankruptcy is an extremely technical area of law and many issues can be complicated such as what is considered exempt property, whether or not a debt can be discharged and whether or not the automatic stay applies. In addition, there are a substantial number of documents required to be filed to commence a case, many of which are also extremely technical in nature. An attorney can advise debtors on these issues. The staff at the Bankruptcy Clerk's office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of counsel. If you cannot afford an attorney, please contact one of the following resources: (1) CT Statewide Legal Services at (860)344-0380; or (2) complete a ProBono Application for free representation if your case would be filed in the New Haven or Bridgeport divisions.  New Haven Probono Application      Bridgeport ProBono Application
     
    Pre-petition credit counseling from an approved agency is a requirement for filing bankruptcy. The list of authorized agencies for the state of Connecticut is listed on the home page of this website.

     

  • Is there a fee to file a bankruptcy case?

    Yes. There is a filing fee to commence a bankruptcy case which varies by the chapter of case filed, as well as various miscellaneous fees that may apply for filing certain documents or services requested. Because filing fees change frequently, it is recommended that you visit the  Fees page on our website for the most up to date fee information.

     

  • Do I need an attorney to file bankruptcy?

    Individuals are not required to have an attorney to file bankruptcy, although it is highly recommended. Corporations, partnerships and trusts must be represented by an attorney to file bankruptcy. Bankruptcy is an extremely technical area of law and many issues can be complicated such as what is considered exempt property, whether or not a debt can be discharged and whether or not the automatic stay applies. In addition, there are a substantial number of documents required to be filed to commence a case, many of which are also extremely technical in nature. An attorney can advise debtors on these issues. The staff at the Bankruptcy Clerk's office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of counsel. If you cannot afford an attorney you can apply for pro bono representation (free representation). 
    Pre-petition credit counseling from an approved agency is a requirement for filing bankruptcy. The list of authorized agencies for the state of Connecticut is listed on the home page of this website.

     

  • Is there a fee to file a bankruptcy case?

    Yes. There is a filing fee to commence a bankruptcy case which varies by the chapter of case filed, as well as various miscellaneous fees that may apply for filing certain documents or services requested. Because filing fees change frequently, it is recommended that you visit the filing fee page of our website for the most up to date fee information.

     

  • A company or individual has filed for bankrutpcy and owes us money. What do we do?

    If you have been listed as a creditor in the bankruptcy case, you will receive a written notice in the mail from the Clerk's office advising you of the case filing, the date for the Meeting of Creditors and any important case deadlines. This notice will also tell you whether or not you should file a claim in the bankruptcy case at that time, and the deadline for filing the claim if one is to be filed. The notice will also give you important deadlines for filing complaints to object to a debtor's discharge or dischargeability of certain debts.

  • Do I need an attorney to file bankruptcy?

    Individuals are not required to have an attorney to file bankruptcy, although it is highly recommended. Corporations, partnerships and trusts must be represented by an attorney to file bankruptcy. Bankruptcy is an extremely technical area of law and many issues can be complicated such as what is considered exempt property, whether or not a debt can be discharged and whether or not the automatic stay applies. In addition, there are a substantial number of documents required to be filed to commence a case, many of which are also extremely technical in nature. An attorney can advise debtors on these issues. The staff at the Bankruptcy Clerk's office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of counsel. 
    Pre-petition credit counseling from an approved agency is a requirement for filing bankruptcy. The list of authorized agencies for the state of Connecticut is listed on the home page of this website.

     

  • Sample Question 2

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  • Sample Question

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