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FAQs
Debtor
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I already took a class (Certificate of Credit Counseling Course) when I filed my case, do I have to complete another one?
Yes, That was the first required class; the second required class is the Financial Management Instructional Courses (Debtor Education Class) which is also required to receive a discharge.
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I already took the Financial Management Instructional Courses (Debtor Education) and sent it to my attorney, what should I do now?
Check your case to see if your attorney filed the document, If not, contact your attorney. They can file it for you electronically.
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I am not fluent in English; can I be provided an interpreter for the meeting of creditors?
Yes. Contact your case trustee's office for Chapter 7s or Chapter 13s. Contact the United States Trustee's office for Chapter 11s.
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I attended a Section 341 Meeting of Creditors before my case converted to another chapter. Do I have to attend another meeting?
Yes. Typically when the case is converted to another chapter the new trustee is assigned to the case and another 341 meeting is schedule.
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I mailed the Financial Management Instructional Courses certificate with (Official Form B23), when will my case be discharged?
After the last date to object to discharge your case will then be reviewed for discharge.
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I received a notice of motion for relief from automatic stay. What does it mean?
Motion for relief from the automatic stay, usually file by a creditor, requests the court’s permission to proceed with a repossession, foreclosure, or lawsuit against a debtor. Without such permission, the creditor would be violating the automatic stay protecting the debtor. For further assistance please seek legal advice.
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I received some papers in the mail - Debtor's Declaration of Domestic Support Obligations. What does domestic support mean? Which box do I check?
In a Chapter 13, the Debtor's Declaration Regarding Domestic Support Obligations form is required in order to receive a discharge. Form B283 may be used by debtors to certify that they have complied with two of the requirements set out in section 1328(a) of the Bankruptcy Code, 11 U.S.C. § 1328(a), for a discharge in chapter 13. The certifications must be made after the debtor has completed the plan payments.
We cannot tell you which box to select since that is considered a legal question.
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I received the Notice to Individual Debtors to file a statement of completion of course in personal financial management (Official Form B23). What is it?
It's a reminder for you to file a Debtor's Certification of Completion of Postpetition Instructional Course (Official Form B23) and if your case is a chapter 13 you must also file Debtor's Declaration Regarding Domestic Support Obligations (required to obtain chapter 13 discharge under 1328(a))
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Is my attorney aware that I have to take the Financial Management Instructional (Debtor Education Courses)?
Yes, your attorney is aware of this required course. You should always speak with your attorney in regards to your case and what is needed to receive your discharge.
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Is the Financial Management Instructional Courses (Debtor Education) important?
Yes, In order to receive your Discharge the Financial Management Instructional Courses (Debtor Education) must be taken and Official Form B23 filed with the Court.
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Is there a charge for this Financial Management Instructional Courses (Debtor Education)? Where am I going to get the money? Do I have to pay?
There is normally a fee for this course but you might want to check with the same firm where you took the Credit Counseling Course.
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Is there any place where they don't charge for the Financial Management Instructional Courses (Debtor Education)?
There is normally a fee for this course but, you might want to check with the same firm where you took the Credit Counseling Course.
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May I convert to a Chapter 7 if my Chapter 13 case is still open?
Yes. A Chapter 13 case may be converted to a Chapter 7 at any time. You should contact your attorney if you are considering converting your case.
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My case was dismissed because I failed to pay all of the installments. Can I file a new bankruptcy case? If so, can I pay the new filing fee in installments?
Answering this question is considered legal advice and the Court's staff is not allowed to provide legal advice. Please contact an attorney or the Bankruptcy Assistance Desk.
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What can I do if a creditor tries to collect money after I filed bankruptcy?
Inform the creditor you have filed bankruptcy and provide them with your case number.
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What can I do if a creditor tries to collect money after I received my discharge?
Answering this question is considered legal advice and the Court's staff is not allowed to provide legal advice. Please contact an attorney or the Bankruptcy Assistance Desk.
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What creditors can I include in my bankruptcy?
You can contact an attorney who provides assistance for Pro Se filers at the Bankruptcy Assistance Help Desk Monday thru Friday from 9:30 am thru 12:30 pm. Located at the Dirksen Federal Building, 219 S. Dearborn St., Chicago, IL 60604 in room 625
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What if I don't take the Financial Management Instructional Courses (Debtor Education)?
Your case will be Closed without a Discharge and a motion to reopen will need to be filed, which has a $260 fee (varies by chapter)
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What is a joint petition? Does my spouse have to file for bankruptcy if I file?
A joint bankruptcy petition is a voluntary bankruptcy petition filed by a married couple. A married couple may choose to file a single joint petition, rather than two individual petitions. For further information please seek legal assistance.
https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Glossary.aspx
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx
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What is a Meeting of Creditors? What happens there?
The meeting of creditors is 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 a 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.