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Frequently Asked Questions

  • How do I file a document with the court?

    Parties, who are not represented by an attorney, may file pleadings and claims on paper. Paper filings may be submitted in person or by mail to the Clerk's Office at the following address:

    Clerk of Court
    United States Bankruptcy Court
    224 S. Boulder Ave., Suite 105
    Tulsa, OK 74103

    The Clerk's Office will not file documents received by fax or email.

    The Bankruptcy Court for the Northern District of Oklahoma requires electronic filing of documents by attorneys. Documents shall be filed electronically pursuant to our local rules and the “CM/ECF Administrative Guide of Policies and Procedures.” Please note that, to file electronically, a court-specific login and password to the Case Management/Electronic Case Filing (CM/ECF) system is needed. Details on obtaining a CM/ECF login and password are provided at the following link:

    CM/ECF Registration Information

    Exceptions to the mandatory electronic filing requirement are:

    • documents filed by a party not represented by an attorney
    • proofs of claim or interest filed by the claimant or interest holder
    • reaffirmation agreements if neither party to the agreement is represented by counsel
    • attorneys may also file paper but will receive an order to show cause why the filing was not electronic
  • What are the court's hours of operation?

    The court is open from 8:30 a.m. to 4:30 p.m. Monday through Friday except Tuesday, when it closes at 3:00 p.m. The court is closed for all Federal holidays.

  • How do I get to the court?

    The Bankruptcy Court for the Northern District of Oklahoma is located in downtown Tulsa. The street address is:

    United States Bankruptcy Court
    Northern District of Oklahoma
    224 South Boulder, Suite 105
    Tulsa, OK 74103

    Please note that public parking is prohibited around the federal building. However, there is metered parking nearby.

    Driving directions may be obtained from the following online resource by simply entering your starting address, and then clicking the "Get Directions" button.

    Please click here for driving directions:
    http://maps.google.com

  • What are local bankruptcy rules? Where can I get a copy of them?

    A court's local rules supplement the Federal Rules of Bankruptcy Procedure. The local rules are very important as they provide court specific guidance regarding all aspects of filing in that district. The Northern District of Oklahoma Bankruptcy Court's local rules may be obtained at the Clerk's Office during business hours, and are also available online at the following link:

    http://www.oknb.uscourts.gov/court-info/local-rules-and-orders

  • Where can I get a copy of the Federal Rules of Bankruptcy Procedure?

    The Federal Rules of Bankruptcy Procedure are available at law libraries and online at the following link:

    www.law.cornell.edu/rules/frbp/

  • Who is the U.S. Trustee?

    The U. S. Trustee is part of the U.S. Department of Justice, and is separate from the court. They are a "watchdog" agency charged with monitoring bankruptcy cases, appointing and supervising all trustees, and identifying fraud in bankruptcy cases.

    The U. S. Trustee's Office is involved in reviewing bankruptcy petitions, reviewing pleadings filed in cases, participating in many case proceedings, and filing motions to dismiss or convert in certain bankruptcy cases. They do not administer specific cases. The trustees, whom they appoint, administer the cases.

    The U. S. Trustee's Office can give you information about the status of a case, but cannot give legal advice. If you are having problems with a trustee, or have evidence of fraud in a case, you may contact the U.S. Trustee at: 918-581-6670 or on the internet at the following link:

    www.justice.gov/ust/r20/tulsa/index.htm

  • What is a bankruptcy trustee?

    A trustee is assigned in all Chapter 7, 12, and 13 cases and some Chapter 11 cases. They are appointed by the U. S. Trustee and are generally, but not always, lawyers. A trustee works on behalf of the bankruptcy estate and all of its creditors. Their fees come out of the bankruptcy case filing fee or from the money collected in a bankruptcy case. The trustee is not the debtor's attorney and does not represent the debtor.

    The trustee's job is to administer the bankruptcy "estate" to make sure creditors are treated as anticipated by the Bankruptcy Code. The trustee can require that a debtor, under penalty of perjury, provide information and documents for review before, during, or after the meeting of creditors. The trustee presides over the meeting of creditors, and files a report of findings in the bankruptcy. In Chapter 7, the trustee may collect and sell non-exempt property, and pay out money on a percentage basis to creditors who have filed a claim. In chapters 12 and 13, the trustee receives the plan payments, and makes payments to the creditors based on the approved plan. Failure to cooperate with the trustee is grounds for a debtor's discharge to be denied.

  • What are the different "chapters" in bankruptcy?
    • Chapter 7 may be filed by an individual, a corporation, or a partnership. A Chapter 7 case may be referred to as a “Fresh Start,” “Liquidation,” or “Straight Bankruptcy.” In Chapter 7, federal and/or state laws allow the individual debtor to claim certain property as exempt. A Chapter 7 Trustee is then appointed to collect and sell all property that is not exempt or mortgaged, and use the sale proceeds to pay creditors. An individual debtor can get a discharge for most or all of their debts in a Chapter 7 bankruptcy case. Corporations and partnerships do not receive a discharge. A discharge releases individual debtors from personal liability for some debts, and prevents the creditors owed those debts from taking any collection actions against the debtor.

      The chapters outlined below require the confirmation of a plan of reorganization or liquidation. Individuals seeking to file under Chapter 11, 12, or 13 are cautioned that it is extremely difficult to obtain confirmation of a plan without an attorney.

    • Chapter 9 of the Bankruptcy Code provides for reorganization of municipalities (which includes cities, towns, villages, counties, taxing districts, municipal utilities, and school districts).
    • Chapter 11 is the reorganization chapter frequently involving a corporation or partnership, but can also be an individual. A Chapter 11 debtor proposes a plan of reorganization to keep its business alive and pay creditors over time.
    • Chapter 12 is for use by "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers or fishermen to propose and carry out a plan, which must be approved by the court, to repay all or part of their debts. A certain portion of the Chapter 12 debtor's income must come from the operation of a farming or fishing business. In Chapter 12, a trustee receives the plan payments and also monitors the debtor's farming business operations while the case is pending. Once the plan payments are complete, the Chapter 12 debtor receives a discharge of some debts.
    • Chapter 13 is the debt repayment chapter for individuals with regular income, which may be referred to as a “wage earner’s plan.” Corporations and partnerships cannot file under Chapter 13. Chapter 13 generally allows a debtor to keep property and pay debts over time, usually three to five years. A Chapter 13 debtor proposes a repayment plan, which must be approved by the court. The plan payments are made to the Chapter 13 trustee, who distributes the funds to creditors. Once the plan payments are complete, Chapter 13 debtors receive a discharge of some debts.
  • Who can file bankruptcy?

    A debtor is a person or business that owes a creditor money, goods, or services. A bankruptcy can be filed by a debtor or creditors. When a debtor starts the bankruptcy by filing a petition, it is called a "voluntary bankruptcy." If creditors of the debtor start the bankruptcy, it is called an "involuntary bankruptcy." When an involuntary bankruptcy has been filed, the debtor has an opportunity to respond to the petition and show why they should not be in bankruptcy.

    Debtors that are corporations, partnerships, and business trusts cannot proceed without an attorney representing them. Only an individual can proceed in a bankruptcy case without an attorney (also known as "Pro Se").

    It is important to understand that the bankruptcy process is extremely complex. Individuals are strongly encouraged to seek competent bankruptcy counsel before filing or proceeding in a bankruptcy.

  • Is the bankruptcy court a state or federal court?

    Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court. There are three federal bankruptcy courts in the State of Oklahoma: the Northern District located in Tulsa, the Eastern District located in Muskogee, and the Western District located in Oklahoma City. The link below lists the counties served by the Northern District located in Tulsa.
    http://www.oknb.uscourts.gov/oklahoma-counties-district-where-do-i-file
    http://www.oknb.uscourts.gov/oklahoma-northern-district-county-map

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