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Do I need an
attorney to file bankruptcy?
What if I
cannot afford an attorney?
Is
there a Fee to file bankruptcy?
Can
the Filing Fee be paid in installments?
Can
the Filing Fee be waived?
Where
do I file my bankruptcy petition?
Where
can I get the forms to file bankruptcy?
Which
forms are required to file bankruptcy?
What
is the difference between chapters 7, 11, and 13?
How
do I change information on my bankruptcy schedules after they are filed?
What
is the automatic stay?
Will
the automatic stay stop creditors from calling my home and work?
What
if I have an emergency filing after hours?
Do
I need to send a copy of the petition to anyone else?
What
is a Matrix?
What is a
Section 341 Meeting or Meeting of Creditors?
What
if I am unable to attend the creditor's meeting on the day scheduled?
What
is the function of the U.S. Trustee and where are they located?
How
long does it take to go through bankruptcy or to get a discharge?
How
long does a bankruptcy stay on a credit report?
Can I fax documents
to the court?
How can I
obtain a transcript or a tape of a hearing?
How
do I file a proof of claim form?
How
do I obtain information or copies on a case?
How do I obtain more
information?
FREQUENTLY ASKED QUESTIONS
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Do I need an
attorney to file bankruptcy? What if I can not afford one?
While it is possible to file a bankruptcy case "pro
se" (without an attorney), it can be difficult. Hiring an
attorney is highly recommended because many bankruptcy issues can be very
complicated and it can
be difficult to prepare the required paperwork. In addition, debtors may keep
certain types of property
(known as exempt property), and there are many types of debts that are
non-dischargeable (not wiped
out in the bankruptcy). 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 can not afford an attorney, you can apply
for pro bono representation (free representation).
Please
Click Here for a Pro Bono Application Bridgeport
Please click here for a Pro Bono Application New
Haven
Please note: Only the Bridgeport and New Haven divisions have
pro bono programs. If you will be
filing in the Hartford Division, you must call statewide legal services at
860-344-0380.
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Is there
a fee to file a bankruptcy case? Can it be paid in installments? Can it be
waived?
There is a fee to file a bankruptcy
petition. It varies
depending on which chapter (7,11,12 or 13) you
are filing. Click here to view all
fees. Failure
to pay the filing fee at the time of filing may result in
your case being dismissed. However, an
individual debtor who is unable to pay the full fee at the time
of filing must either file an application to
pay the fee in installment payments or file a motion to waive
the filing fee at the same time the
petition is filed.
Click here for an Application to Pay in
Installments or Click
Here for a Motion to Waive the Filing Fee
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Where do I
file my bankruptcy petition?
You may file your petition in any of the three divisions
(Hartford, New Haven and Bridgeport), but we prefer
that petitions be filed at the court where your case will be heard. Please
Click Here for Where To File.
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Where can
I get the forms to file bankruptcy? Which forms do I need to fill out?
Click here for Chapter 7 forms and requirements.
Click here for Chapter 11 forms and
requirements.
Click here for Chapter 13 forms and requirements.
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What
is the difference between chapters 7, 11 and 13?
Chapter 7 is often
called the "liquidation chapter". It 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 nonexempt property is sold for cash by a trustee and the cash is
distributed to creditors.
Chapter 11 is often
called the "reorganization chapter". It 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.
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How do I change
information on my bankruptcy schedules after they are filed?
You can file an amendment to schedules by filing ONLY the
schedules that are being amended. You
should not refile all the schedules. Each schedule being amended should be
clearly labeled
"AMENDED" at the top of the page. A filing fee must be paid
when amending a schedule by
adding a creditor, deleting a creditor or changing an amount on a schedule.
Click here for current filing fees.
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What is the automatic
stay?
The filing of a bankruptcy petition automatically stays (stops)
most actions, including collections,
against the debtor or the debtor’s property. It is called
"automatic" because the stay begins
automatically at the time the bankruptcy case is filed with the Clerk’s
Office. Once the stay is in
place, creditors are prohibited from taking certain actions against a debtor.
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Will
the automatic stay stop creditors from calling my home and work?
It will help. After you file your petition with the court, the
Clerk’s Office will send a written notice of
your bankruptcy filing to all of the creditors you listed on your creditor
mailing matrix. Although this
notice goes out within one to two days of filing, it may take up to a week or
longer for creditors to
receive this notice because of mail time. If a creditor calls after you have
filed your petition, simply tell
them you have filed for bankruptcy and that they will receive notice of this in
the mail. If the creditor
was not one listed on your mailing matrix, you should update your matrix with
the Clerk’s Office so that
future notices about your bankruptcy can be sent to that creditor. It is
important to make sure you list
all your creditors on your matrix, because if a creditor doesn’t get notice of
your bankruptcy, his debt
might not be discharged in your bankruptcy. Please see "How do I change
information on my
bankruptcy schedules after they are filed?"
if you need to add a creditor.
Once a creditor receives notice of your bankruptcy filing, they
may not attempt collection of a debt
from you unless they follow certain actions, such as obtaining relief from stay,
allowed by the court. If
a creditor continues to try to collect a debt from you after being notified of
your bankruptcy, you
should contact an attorney immediately for advice.
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What
if I have an emergency filing after hours?
To file an emergency petition with the Clerk after regular
business hours, An appointment must be arranged. Contact the Clerk at (860)
240-3845 or the Deputy Clerk at (203) 579-5809 .
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How many copies do I need to file at
the court?
None. You may bring an extra copy to be time stamped for your
records.
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Do
I need to send a copy of the petition to anyone else?
The Clerk’s Office will notify all the creditors you have
listed on your creditor matrix of your
bankruptcy filing by mailing a notice to them. For this reason, it is
very important that you
provide complete addresses, including city, state and zip code, for each
creditor on your matrix.
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What do you mean by
‘List of Creditors’?
A list of creditors is a list of the names and current addresses
of all creditors and other parties that
should have notice of a bankruptcy. It is prepared by a debtor and must be filed
at the same time the
bankruptcy petition is filed. As a debtor, it is your responsibility to ensure
you have listed current,
valid addresses for your creditors. If mail sent by you or the Clerk’s Office
regarding your bankruptcy
comes back as "undeliverable," it is your responsibility to try to
find a good address for the creditor
and notify the Clerk’s Office of the good address. Additionally, if you obtain
a different address for a
creditor after you file your bankruptcy, you must notify the Clerk’s Office in
writing of the new
address.
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What is a Section 341 Meeting or
Meeting of Creditors?
The section 341 meeting, also called the meeting of creditors or
creditor’s meeting, is a meeting that a
debtor is required to attend after filing bankruptcy. The meeting is conducted
by the case trustee or the
U.S. Trustee. The debtor must appear at this meeting and testify, under oath,
about his financial
condition, assets and debts. The debtor will be asked about the information he
has placed on his
bankruptcy paperwork. Creditors may also attend this meeting and question the
debtor, although the
meeting is directed by the trustee assigned to the case and most of the
questions originate with him. If a
debtor fails to attend the meeting, his bankruptcy case can be dismissed.
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What if
I am unable to attend the creditor’s meeting on the day scheduled?
If you are unable to attend the creditor’s meeting on the day
it is scheduled, you must contact the
Trustee assigned to your case and request the matter be continued.
The Bankruptcy Clerk’s Office cannot answer any question about changes to the
341 Meeting of
Creditors. All questions about this meeting must be directed to the Trustee
assigned to the case or the
U.S. Trustee’s Office at 203-773-2210.
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What is the
function of the U.S. Trustee and where are they located?
The Office of the United States Trustee is an Executive Branch
agency that is part of the Department of
Justice. It is responsible for monitoring the administration of bankruptcy cases
and detecting
bankruptcy fraud. It is also responsible for appointing panel trustees to
administer chapter 7 and
chapter 13 cases. The U. S. Trustee also provides support and oversight to
debtors who have filed
Chapter 11. The individuals appointed by the U.S. Trustee to serve as interim or
standing trustees in
bankruptcy cases are appointed on a rotating basis and come from a list that
changes over time.
If you would like additional information regarding the trustee program or
individual trustees,
please
click
here for U.S. Trustee web site or click
here for the U.S. Trustee web site for
Connecticut/Region 2. For a listing of
all Panel Trustees, please click
here.
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How long does it
take to go through a bankruptcy or get my discharge?
Each case is different, but a general rule of thumb in a Chapter
7 case is that a debtor’s discharge will
be entered about 120 to 150 days after the case was filed. The entry of a
discharge may take longer if
a debtor’s entitlement to the discharge is contested. In Chapter 11 cases, a
discharge is obtained when
the plan is confirmed and other Bankruptcy Code requirements have been
satisfied. In Chapter 12 and
13 cases, a discharge is not entered until the plan has been completed. Chapter
12 and 13 plans
generally last from 36 to 60 months (3 to 5 years).
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How long does a bankruptcy
stay on my credit report?
A bankruptcy generally affects a debtor’s credit report
for 7
to 10 years. However, this depends
entirely on the individual credit reporting agency. The Bankruptcy Court has no
influence on the type of
information the credit bureaus report, nor how long they keep it in their
records.
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Can I fax documents to the Bankruptcy Court
for filing?
No, unless the Judge directs otherwise.
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How
can I obtain a transcript or a tape of a hearing?
Click
Here for a Transcript order form and instructions.
Click here for a tape order
form. Click here for current fees.
Both should be submitted to the clerk’s office where the case
is pending.
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Where can I get more
information?
This court’s web site has a link to "Bankruptcy
Basics" website put out by the U.S. Courts.
Please click here to enter Bankruptcy Basics or
Click here for Pro Se Booklet.
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How do I get a proof of
claim form?
Click here for a proof of claim form.
Submit the form to the clerk’s office where the case is pending.
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How do I
obtain information or copies on a case?
Telephone Access: Basic information, such at the debtor or
debtor's attorney's name, case number,
or the name of the trustee is available on the telephone by calling the VCIS
(Voice Case Information System)
at 1-866-222-8029 This information is provided free of charge and is available
24 hours a day from any
touch tone phone.
Computer Access:
Electronic case summaries, docket information, and viewable copies of all
pleadings filed since 1998,
may be retrieved
via the Internet through the Public Access to Court Electronic
Records system (PACER). This system requires that you be a registered
participant, and there is a fee
for access ($0.08 per page, with a page being approximately 50 lines of text).
This charge is limited to
the first thirty pages of a document or report screen you are running, but is
charged each time you open
a new document. For PACER registration information, click
here for the PACER Service Center website.
In Person:
Documents may be
viewed in person or retrieved for copying at the Clerk's Office. Cases
which are one year old or older may be closed and archived at the Federal
Records Center in
Waltham, MA . To determine if a case has been archived, contact the Clerk's
Office. Records may be
obtained directly from the Federal Records Center, but you will need to obtain
certain archiving
information from the Clerk's Office prior to requesting the information. Click
here for the Archived
records retrieval form.
Do It Yourself on cases filed in 1998 or later - print copies
off the public terminal for 10 cents a page.
Do it Yourself on cases older than 1998 - public copy machine for 25 cents a
page.
Clerk’s Office Staff can provide a search. - See fee
schedule for current fee and for copies currently 50 cents per page.
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