Many of our clients call our office inquiring about a notice, letter, or something that they “got in the mail" from another Attorney’s office, Trustee, or Bankruptcy Court. As the client’s attorney, it is generally standard practice for our office to receive a copy of any documents mailed to the client, or bankruptcy debtor from the Bankruptcy Court as well. We understand that receiving legal documents from court or another attorney’s office, can be very confusing and often frustrating for our clients. Understanding the purpose and meaning of the basic types of Bankruptcy Court documents a debtor may receive during the bankruptcy process is essential to our clients’ peace of mind.
The following paragraphs contain some examples and a brief description of the most common types of documents a debtor may receive from the Bankruptcy Court, as well as any action(s) required by the debtor.
Notice of Bankruptcy Case Filing
A Notice of Bankruptcy Case Filing, is a document that provides the parties involved in a bankruptcy proceeding with the date the bankruptcy petition was filed with the Court, and the date, time, and location of the Meeting of Creditors. Both the bankruptcy debtor, and the debtor’s attorney must attend the Meeting of Creditors.
Objection to Confirmation
An Objection to Confirmation document is sent to a chapter 13 bankruptcy debtor from the Bankruptcy Court if a creditor, or one of the “Interested Parties" involved in the bankruptcy case has an issue with the terms of the Chapter 13 Repayment Plan. It is also standard practice for a Confirmation Hearing to be scheduled so a Judge can decide the issue. The date, time, and location of the Confirmation Hearing will be provided on the Objection to Confirmation document. It’s not uncommon for the Confirmation Hearing to be rescheduled, or “continued" by the Judge to allow the parties involved time to settle the matter. If a client receives an Objection to Confirmation, they should contact their attorney’s office prior to the Confirmation Hearing to determine if their attendance is necessary.
Notice of Confirmation and Plan Terms
A Notice of Confirmation and Plan Terms is a document that only pertains to a Chapter 13 Bankruptcy debtor. This document describes the terms of the Chapter 13 Repayment Plan agreement made between the debtor and the Trustee, and also outlines the debtor’s responsibilities. This Notice informs the debtor of when and where to send the Chapter 13 Plan payments, and what forms of certified funds are accepted as payment. It is extremely important for the debtor to read and understand all of the information included in the Notice of Confirmation and Plan Terms.
Motion to Dismiss Case for Failure to Make Payments
Since this document deals with payments made to a Chapter 13 Repayment Plan, it only concerns Chapter 13 bankruptcy debtors. If a client receives a Motion to Dismiss Case for Failure to Make Payments, but the client has been making the scheduled payments to their Trustee, the client will need to contact our office so that we can provide proof of the payments made to the Trustee’s office. If a client cannot make their payment to the Trustee, the client should contact our office as soon as possible to discuss their options with their attorney.
Notice of Failure to File Financial Management Course Certificate
A Notice of Failure to File Financial Management Course Certificate document is sent to a bankruptcy debtor if proof that the debtor has fulfilled the second credit counseling course requirement has not been filed with the Bankruptcy Court. If a client receives this Notice and they have completed this course, the client should contact our office to let us know so that we may correct the issue. If a client has not completed the required Financial Management course, it is imperative for the client to complete the course and contact our office as soon as possible so that we may file the completion certificate with the Court. In order to receive a discharge in bankruptcy, the debtor must complete the Financial Management course. Failure to complete the course before the case is closed may result in additional Court and Attorney fees to reopen the case and file the financial management course certificate.
Notice of Transfer/ Assignment of Claim
A Notice of Transfer/ Assignment of Claim document is sent to a bankruptcy debtor to inform the debtor that one of their debts has been sold, and a new creditor now holds responsibility for the debt. No action is needed from the client in regards to this notice, it is simply informative.
Motion for Relief from the Automatic Stay
A Motion for Relief from Automatic Stay is filed by a creditor when they want to foreclose, evict, or repossess a certain property listed in a bankruptcy. If a client has chosen to “Reaffirm", or keep property listed in the Motion, the client should contact our office with the title of the property they intend to keep. If a client has decided to surrender the property listed in the Motion, no further action is necessary from the client.
Proof of Claim
A Proof of Claim document is filed with the Bankruptcy Court by a creditor. The document states the type of debt the debtor owes the creditor, and how much money is owed to the creditor to repay the debt. If a client feels any information listed in the Proof of Claim is incorrect, the client should contact our office to address their concerns as soon as possible.