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Frequently Asked Questions
What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?
Information on a debtor's rights when a creditor tries to collect money after their bankruptcy case has commenced is available at the following link under the heading "How Chapter 7 Works:"
You are strongly encouraged to contact a bankruptcy attorney if collection calls continue after your case is filed.
What is a motion for relief from stay?
In general, when you file for bankruptcy, you are protected by the "automatic stay." The automatic stay prohibits creditors from taking action to collect the debt or from taking your property. In some cases, the creditor will ask the court for permission to continue efforts to collect the debt by filing a motion for relief from the stay. For example, this is may be done by a creditor who wants to continue foreclosure proceedings on a house or seek repossession of a vehicle.
You are strongly advised to contact a bankruptcy attorney if a motion for relief from stay is filed in your case.
What is a reaffirmation agreement?
A reaffirmation agreement is a document in which the debtor agrees to remain legally obligated to pay a debt that might otherwise be discharged in bankruptcy.
Reaffirmation forms and instructions are available on the U. S. Courts website at the following link under the heading "Part II – Procedural Forms and Instructions:"
Additional information on reaffirmation agreements is provided on the U. S. Courts website at the following link under the heading "The Chapter 7 Discharge:"
You are strongly advised to consult legal counsel before agreeing to a reaffirmation of a debt.
My case was dismissed. Can I file a new bankruptcy case?
If your case was dismissed, you should read the order of dismissal carefully. The order will indicate the restrictions placed on future filings.
Please consult an attorney if you have questions.
What if my case is dismissed?
A dismissal order ends the case. The order of dismissal is then mailed by the Clerk's Office to all parties and creditors in the case.
I attended the meeting of creditors before my case converted to another chapter. Do I have to attend another meeting?
In general, a new trustee is assigned when a case is converted, a new meeting of creditors is set, and a new notice of the meeting is sent to all creditors. The debtor must attend this meeting.
How do I get my discharge?
Once a discharge is entered in your bankruptcy, the clerk of the bankruptcy court will mail a copy of the "order of discharge" to the debtor, all creditors, the trustee, and attorneys who have entered an appearance in the case.
What is a discharge?
A discharge releases individual debtors from personal liability for most debts. A discharge also prohibits the creditors owed those debts from taking any collection actions against the debtor.
The following link provides more information on a bankruptcy discharge:
Please consult an attorney if you have questions about your discharge.
Will the judge advise me of my options during the bankruptcy case?
A judge hears arguments from both debtors and creditors, and must remain impartial. Therefore, the judge cannot advise or instruct you in how to proceed with your case.
If you have questions about your case, you are encouraged to consult with an attorney.
Will bankruptcy stop eviction?
The Clerk's Office is prohibited from providing legal advice. Please contact the sheriff's department or an attorney with questions on how a bankruptcy filing affects eviction proceedings.