Court CM/ECF Lookup. Type the name of a federal court to find links to login to CM/ECF and other information unique to that court, like their contact information, RSS . Welcome to the U.S. Bankruptcy Court for the District of Delaware District of Delaware - Document Filing System. CM-ECF version 7December Court Information. US Bankruptcy Court, District of New Jersey PO Box Newark, NJ
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The creditor does not necessarily have to live or do business in Delaware County. The debtor files in the district where he lives or where the corporation does business or is incorporated. A normal Chapter 7 debtor will usually not have to appear personally in court. The Chapter 7 Debtor will only have to appear in court if an objection is filed by a creditor.
A Chapter 13 debtor will usually only have to appear in court at the plan confirmation hearing. A debtor usually only has to appear at a meeting. The meeting is usually held at the office of the U. The meeting is required under Section of the U. Under the law, corporations, partnerships, or any other associations are required to have counsel. However, the rules of bankruptcy are very complex.
A party, even one without an attorney, is still required to follow all the rules and will be held by the court to them. The trustee is the representative of the bankruptcy estate which is authorized to exercise certain powers for the benefit of the unsecured debtors. The trustee is a private individual or corporation appointed in all Chapter 7, 12, and 13 cases and also in some Chapter 11 cases. Additionally, the trustee can bring actions against creditors or the debtor to recover property that has been improperly removed from the bankruptcy estate.
In a typical Chapter 7 case, the trustee is also charged with liquidating the property of the bankruptcy estate to make distributions to the creditors. A debtor should have on hand tax returns for at least the last two years , documentation of income including paystubs for the last six months along with W-2s from the last two years.
If a debtor owns any property, a valuation of any real estate needs to be provided. If a debtor owns any vehicles, supporting documentation including insurance, registration, etc. Information on retirement accounts including type and balances will also be needed. In order to complete the petition for bankruptcy, you will need the contact information for the creditors or people who you owe the money to.
This includes then name of each creditor and the amount of money you owe them. The bankruptcy law requires that individuals filing for bankruptcy complete a credit counseling class before filing for bankruptcy. This requirement can be completed by taking an online class that can usually be finished in under an hour. Under that authorization, Congress has codified the bankruptcy rules in Title 11 of the United States Code.
Title 11 is called the Federal Rules of Bankruptcy. Under these rules, the bankruptcy judge is granted jurisdiction to make all decisions surrounding the bankruptcy case including case eligibility along with whether the debtor is properly entitled to discharge of the debt.
Most of the bankruptcy process is actually administrative. In certain cases those which are filed under Chapter 7, Chapter 12, and Chapter 13 , the trustee performs much of these administrative functions. Chapter 7, also known as liquidation, allows for an orderly, court-supervised procedure where the trustee takes over the assets of the debtor, reduces them to cash often by way of a sale , and disbursing the funds to the creditors.
The disbursement to creditors is subject to certain exemptions that the debtor is entitled to. Usually, under Chapter 7, there are little to no assets which are non-exempt. Generally, the debtor in Chapter 7 cases is an individual and will get a discharge that releases the debtor from personal liability for the debts listed in the bankruptcy petition. The discharge is usually received a few months after the bankruptcy is initially filed.
If the income of the debtor is over a certain amount, the debtor is not eligible for relief under Chapter 7. Chapter 13 targets a debtor who has a regular source of income. Chapter 13 is preferred by most debtors over Chapter 7 because it allows for debtors to keep certain assets ideally, a house , and allows the debtors to set up a plan to repay creditors over a period of time normally three to five years.
In making this decision, the bankruptcy judge looks to the requirements or factors that the court is authorized under the U. Bankruptcy Code. Chapter 13 is different from 7 in that the debtor usually is allowed to retain possession of property. Additionally, the debtor, under Chapter 13, does not receive the discharge from the bankruptcy court until all the payments are made. Because of this, debts available for discharge are broader under Chapter 13, than Chapter 7.
Chapter 11 is generally for commercial enterprises that wish to keep operating a business and repay creditors through a debt repayment plan approved by the bankruptcy court.
During the first days, the debtor has the exclusive right to file a reorganization plan and provide the creditors with a disclosure statement which allows the creditors to evaluate the plan. The bankruptcy court is charged with ultimately approving or rejecting the reorganization plan submitted by the debtor.
Under the plan, the debtor can reduce its debt by discharging some or repaying only a portion of its obligation. Under Chapter 13, the debtor undergoes a period of consolidation and ultimately leaves with a reduced debt load and reorganized business.
Chapter 12 is only available to farmers or fishermen. The procedures under Chapter 12 are very similar to those under Chapter Florida Southern District Court. Georgia Middle Bankruptcy Court. Georgia Middle District Court. Georgia Northern Bankruptcy Court. Georgia Northern District Court. Georgia Southern Bankruptcy Court. Georgia Southern District Court. Guam Bankruptcy Court. Guam District Court. Hawaii Bankruptcy Court. Hawaii District Court. Idaho Bankruptcy Court. Idaho District Court.
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