(1) Proof of identity of the successor Claimant (e.g., unredacted copy of driver’s license, other state-issued identification card, or U.S. passport that includes current address); and (2) Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record. b. This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule Proof Of Claim | United States Courts. The bankruptcy code prioritizes debts to ensure that some debts are paid before others when there aren’t enough resources to pay % of creditors’ claims. For instance, domestic support obligations have a high priority, but most other unsecured debts, like credit cards and medical bills, are assigned a .
Therefore, the bankruptcy court will scrutinize rulings from family court judges to determine whether they qualify as a DSO which cannot be discharged in bankruptcy or another type of marital property division which may be eligible for discharge.
In Chapter 7 straight bankruptcy cases, many debts can be forgiven or discharged. Most credit card debt, personal loans, and medical bills will be eliminated to allow the debtor the person who files the bankruptcy case to get a fresh start. While banks and other businesses may be able to absorb the losses from these discharged debts, single parents are not usually so flexible.
They could be greatly burdened when the child support check is late or when it only covers a portion of the obligation. Families in this situation could end up on public assistance. Society has a high interest, both moral and practical, in ensuring that noncustodial parents make their child support payments as ordered. However, the parent who owes child support can use bankruptcy to manage those past-due child support payments.
In determining the issue of discharge, most litigation concerns the first requirement. If the divorce court and the parties intended the award to serve as maintenance, it will not be discharged. A rule of thumb for determining whether the obligation qualifies as support is whether the money is necessary to help the receiving spouse maintain basic necessities. If the money goes toward basics, that means it's a form of support. Support is not dischargeable in a Chapter 7 case or a Chapter 13 case though you can use Chapter 13 to manage the debt and pay it off.
These agreements are most often used in a divorce case to divide the assets that the couple owned during the marriage. Most property settlements are not dischargeable in a Chapter 7 case. There are at least two types of property or debt division that can be discharged in a Chapter 13 case : hold harmless agreements and cash in lieu of other assets. Some of the debts in a bankruptcy case may have been taken out by one or both spouses for the benefit of the family.
Chat With Us. Social Media Facebook. Owner of Record The owner of record is the original payee entitled to the funds appearing on the records of the court. If the claimant is the owner of record, the following additional documentation is required: 1.
If you have an attorney, consult with your attorney. If you have no attorney, consider retaining one. You may contact your lender to advise that you have filed for bankruptcy protection. You will need your case number and filing date. If it is necessary to initiate any legal action, neither the Trustee, the Clerk, nor Court personnel may represent you in such legal action.
It is solely your responsibility. Contact should be made before a payment is missed. The contact information and website location for each Chapter 13 Trustee's offices in the Northern District of Georgia is:. A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. The debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts.
The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or There are some debts that generally cannot be eliminated such as student loans, domestic support obligations, child support and alimony and some taxes.
The timing of the discharge varies. In a chapter 7 liquidation case, for example, the court usually grants the discharge promptly on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case for substantial abuse 60 days following the first date set for the meeting.
Typically, this occurs about four months after the date the debtor files the petition with the clerk of the bankruptcy court. In individual chapter 11 cases, and in cases under chapter 12 adjustment of debts of a family farmer or fisherman and 13 adjustment of debts of an individual with regular income , the court generally grants the discharge as soon as practicable after the debtor completes all payments under the plan.
Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.
The court may deny an individual debtor's discharge in a chapter 7 or 13 case if the debtor fails to complete "an instructional course concerning financial management.
A proof of claim is the form that a creditor must file before getting paid in a bankruptcy case. The proof of claim tells the trustee the type of claim as well as how much a creditor is owed. The electronic proof of claim [EPOC] along with instructions are available at our website.
Debtors may object to any claim filed in their bankruptcy case if they believe the debt is not owed or if they believe the claim misrepresents the amount or kind of debt e. A debtor who anticipates objecting to a claim should seek the advice of an attorney as soon as possible since the objection process can be complicated and time sensitive.
In accordance with 11 U. Exempt assets are protected by state law from liquidation and distribution to your creditors.
Deciding which assets are exempt and how and if you can protect these assets from your creditors can be one of the more important and difficult aspects of your bankruptcy case.
Although you may be discharged from further personal responsibility for certain debt, after you receive your discharge a creditor will still have a lien or security interest in your secured property. Under 11 U. A Reaffirmation Agreement is an agreement by a chapter 7 debtor to continue paying a dischargeable debt such as an auto loan after the bankruptcy, usually for the purpose of keeping collateral i.
To better educate pro se debtors about Reaffirmation Agreements, the Bankruptcy Section of the Atlanta Bar Association in collaboration with the Atlanta Legal Aid Society, developed a program that provides free counseling to unrepresented debtors seeking to enter into Reaffirmation Agreements in cases filed in the Atlanta Division.
Once a month, in the Atlanta Division, attorneys donate their time to meet with debtors who are unable to afford an attorney. The attorneys review the terms of any proposed Reaffirmation Agreement. This service is free and although the volunteer attorney does not represent you, the attorney can help you understand the legal, financial, and personal consequences of a decision to reaffirm a debt.
Information about the Reaffirmation Project is available at the Court's website. A debtor may redeem exempt or abandoned property from a lien by paying the lienholder the fair market value of the property that secures such lien. Redemption must be a cash transaction, unless the creditor consents to a payout over time. There are some lenders that specialize in lending funds to debtors to accomplish a redemption, but those lenders generally require that the debtor is represented by an attorney.
Once you correct the document, you can file the amended document with the court. Be aware when you file an amended document there are requirements regarding service. The fee is charged for adding creditors, deleting creditors, changing the amount specified as being owed to a creditor, or changing the classification of a debt.
A secured debt is backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans, and tax liens. A debt is unsecured if you have simply promised to pay someone a sum of money at a time, and you have pledged no real or personal property to collateralize that debt. Most credit card debt is unsecured. A priority debt is a debt entitled to priority in payment, ahead of most other debts, in a bankruptcy case.
A listing of priority debts is given, in general terms, in 11 U. Examples of priority debts are some taxes, wage claims of employees, debts related to goods and services provided to a debtor's estate during the pendency of a bankruptcy case, and alimony, maintenance or support of a spouse, former spouse, or child. If you have questions deciding which of your debts are entitled to priority status, you should consult an attorney.
An administrative debt is also a priority debt and is one created when someone provides goods or services to your bankruptcy estate. The best example of an administrative debt is the fee generated by an attorney or other authorized professional in representing the bankruptcy estate.
The Bankruptcy Court has no jurisdiction over credit reporting agencies. You must resolve any dispute you have with a credit agency or your credit report directly with that agency. The telephone number is That office can provide further information on reestablishing credit and addressing credit problems.
The Bankruptcy Clerk's Office is not responsible for credit reports and does not inform credit reporting agencies. Bankruptcy records are public records and the information contained in them can be retrieved by anyone. Credit reporting agencies regularly collect information from the petitions filed and report the information on their credit reporting services.
Bankruptcies normally will remain on your credit report for up to ten 10 years and may be taken into consideration by any person reviewing a credit report for the purpose of extending credit in the future.
Sometimes a Chapter 13 discharge may only be listed for seven 7 years. The decision whether to grant you credit in the future is strictly up to the creditor and varies from creditor to creditor depending on the type of credit requested. If you have an attorney, consult your attorney. Once you have this information, you may obtain copies of documents from the case file at NARA Federal Records Center by mail, fax or online.
On-site court case services are NOT available. The bankruptcy case name and file number; b. A chronological summary of events; c. A narrative of what occurred; and d. Names, addresses and telephone number if available of the subjects and witnesses known to you. A Motion for Relief from Automatic Stay is not a form and must be prepared by the filer. It is for Co-Debtor Relief from Stay only; b.
It comes with a proposed Consent Order signed by all interested parties, including the Trustee. A proof of claim or an amended proof of claim may be filed electronically using the appropriate link below. The debtor may be protected by a stay. Also see What is an automatic stay?
Contact an attorney to learn what your rights are or refer to the Bankruptcy Code and Rules. Contact an attorney to discover what your rights are or refer to the Bankruptcy Code and Rules. Only standard court document filing fees apply. Litigants receive one free copy of documents filed electronically in their cases through a link in the e-mailed Notice of Electronic Filing; additional copies are available to attorneys and to the general public for viewing or downloading through PACER.
There is no charge to view court opinions and court calendars. As directed by Congress, the judiciary's electronic public access program is funded entirely through user fees set by the Judicial Conference of the United States. Unlike most programs, a web browser will open multiple windows. In other words, two or more windows in which the browser appears may be active at the same time.
Look at the bottom of the screen on the line with start button. If the Netscape or Explorer logo appears on two different buttons, you have more than one window open. Click on the button that is not active not highlighted to open the previous window.
If there is only one window open, click on GO menu item at the very top of the screen; a drop down menu will appear from which you can click on the address of the page you wish to return to.
Note, however, that if the PDF document is an image file, as opposed to a text file, searching the document is not possible. As the names imply, a text file is one created in the first instance using a word processing, spreadsheet or similar program, while an image file is created by scanning a document using a document scanner or fax machine.
The Trustee either collects and sells non-exempt estate property and distributes the sale proceeds to creditors as in a Chapter 7 case, or collects payments from the debtor and pays out money on a repayment plan, as in Chapter 13 cases.