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This information is not intended as a substitute for the
advice of legal counsel. The information presented should not be
cited or relied on as legal authority. This information should not
be used as a substitute for reference to the United States Bankruptcy
Code, Rules and Forms, or to any local rules of practice adopted and
disseminated by this court.
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What are the
Federal Holidays?
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- New Year's Day
- Martin Luther King, Jr.'s Birthday
- President's Day
- Memorial Day
- Independence Day
- Labor Day
- Columbus Day
- Veteran's Day
- Thanksgiving Day
- Christmas Day
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Do I
need an attorney to file for bankruptcy?
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While it is possible to file a bankruptcy case "pro se," that
is, without the assistance of an attorney, it is extremely difficult to do
so successfully. Hiring an attorney is recommended. The court is not
able to give legal advice or help you fill out the forms. For more
information about referral of an attorney, you can contact your local
Wisconsin Bar Association Lawyer Referrals numbers (608) 257-4666 or
1-800-362-9082.
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Can the
Clerk's Office give legal advice?
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No, pursuant to 28 United States Code § 955.
A bankruptcy case is a legal proceeding affecting the rights of
debtors, creditors and other parties in interest. Pursuant to 28 United
States Code § 955, the Clerk's Office staff is prohibited from giving
information which may be characterized as legal advice. |
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What is bankruptcy?
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Bankruptcy is a way for people or businesses who owe more money than
they can pay right now (a "debtor") to either work out a plan to
repay the money over time under Chapter 11, 12 or 13, or for most of the
bills to be wiped out ("discharged"), as in a chapter 7 case.
While the debtor is either working out the plan or the trustee is
gathering the available assets to sell, the Bankruptcy Code provides that
creditors must stop all collection efforts against the debtor. When the
bankruptcy petition is filed, you
are immediately protected from your creditors.
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What
are the consequences of filing for bankruptcy?
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Depending on a debtor's financial situation and reasons for filing, the
consequences of filing for bankruptcy protection may outweigh the
benefits. The following information is intended as a summary only.
You are strongly encouraged to consult with an attorney in order to
determine the rights and obligations that apply to your individual
situation. Those considering bankruptcy should be aware of the following:
- Filing for bankruptcy protection is not free. How much does it cost?
The filing fee for a Chapter 7 is $209.00 ($274 effective 10/17/05)
The filing fee for a Chapter 11 is $839.00 ($1,039 effective 10/17/05)
The filing fee for a Chapter 12 is $239.00
The filing fee for a Chapter 13 is $194.00 ($189 effective 10/17/05)
For additional fees, please refer to the fee
schedule.
- Not all debts are dischargeable. Ex: Secured creditors retain
some rights which may permit them to seize property, even after a
discharge is granted. Spousal and child support obligations and
most tax debts are not dischargeable.
- Within 15 days of the filing of a bankruptcy petition, schedules of
the debtor's assets and liabilities must be filed. Failure to
timely file the appropriate schedules may result in dismissal of the
bankruptcy and the barring of the debtor from filing again for 180
days (six months).
- If a case is not dismissed and a discharge is entered by the court,
the debtor is prohibited from being granted another discharge under
chapters 7 and 11 within six years.
- Fraudulent information or acts by the debtor are grounds for denial
of a discharge and may be punishable as a criminal offense.
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What is a joint
petition?
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A joint petition is the filing of a single petition by an individual
and the individual's spouse. Only people who are married on the filing
date may file a joint petition. Unmarried persons, corporations and
partnerships must each file a separate case. If you are an individual and
have a business which is not a partnership, corporation, or business trust
that is a registered entity in a state or foreign country, you should list
the business as a "dba" (doing business as) on your petition.
However, yours will not be considered a joint petition because the
business is not an independently-recognized legal entity.
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What
are the different "chapters" in a bankruptcy?
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Chapter 7 is the liquidation chapter of the Bankruptcy Code. Chapter 7
cases are commonly referred to as "straight bankruptcy" or
"liquidation" cases, and may be filed by an individual,
corporation, or a partnership. Under chapter 7, a trustee is appointed to
collect and sell all property that is not exempt and to use any proceeds
to pay creditors. In the case of an individual, the debtor is allowed to
claim certain property as exempt. In exchange for this, the debtor gets a
discharge, which means that the debtor does not have to pay certain types
of debts. Corporations and partnerships do not receive discharges.
Consequently, any individuals legally liable for the partnership's or
corporation's debts will remain liable. Therefore, individual bankruptcies
may be required as well as the corporation or partnership bankruptcy.
Chapter 12 offers bankruptcy relief to those who qualify as family
farmers. There are debt limitations for chapter 12, and a certain portion
of the debtor's income must come from the operation of a farming business.
Family farmers must propose a plan to repay their creditors over a period
of time from future income and it must be approved by the court. Plan
payments are made through a chapter 12 trustee who also monitors the
debtor's farming operations while the case is pending.
Chapter 13 is the debt repayment chapter for individuals with regular
income whose debts do not exceed $1,000,000 ($250,000 in unsecured debts and
$750,000 in secured debts), including individuals who operate businesses
as sole proprietorships. It is not available to corporations or
partnerships. Chapter 13 generally permits individuals to keep their
property by repaying creditors out of their future income. Each chapter 13
debtor proposes a repayment plan which must be approved by the court. The
amounts set forth in the plan must be paid to the chapter 13 trustee who
distributes the funds for a small fee. Many debts that cannot be
discharged can still be paid over time in a chapter 13 plan. After
completion of payments under the plan, chapter 13 debtors receive a
discharge of most debts.
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Where
can I get information concerning bankruptcy procedures?
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What does the
Clerk's Office do?
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The Clerk's Office provides a variety of services to the bankruptcy
judges, attorneys, and the public. The Clerk's Office staff provides
clerical and administrative support to the court by filing and maintaining
case-related papers, sending notices, and setting hearings. The services
provided by the Clerk's Office to attorneys and the public include
responding to requests for information and making copies of papers in
bankruptcy court files.
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What is a bankruptcy
trustee?
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In all chapter 7, 12, 13 and in some chapter 11 cases, a case trustee
is assigned by the court to administer the bankruptcy proceedings.
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Who
is the United States Trustee? What is the function of the U.S. Trustee?
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The Office of the U.S. Trustee is an Executive Branch agency that is
part of the Department of Justice.
The U.S. Trustee is responsible for appointing trustees to administer
bankruptcy cases and setting the First Meeting of Creditors (§341
Meetings) dates and times. The staff also monitors the bankruptcy
cases to see if bankruptcy fraud has occurred. They are prohibited from
providing legal advice.
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What is the
Bankruptcy Code?
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The current version of the Code was enacted in 1978. The
Bankruptcy Code provides help for businesses or persons in financial
difficulty in the form of bankruptcy chapters. Chapter 7, 11 and 13
bankruptcies are the most commonly filed chapters. The Bankruptcy Code is
available at legal libraries and found on the Internet.
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What
are the Federal Rules of Bankruptcy? Where do I get a copy of the book?
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A copy of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules)
is available for review in any clerk's office location, legal libraries,
and on the Internet. Bankruptcy rules are not available for purchase from
the Court.
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What are Local Rules?
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The rules governing practice in the Bankruptcy Court in the Western
District of Wisconsin in addition to the Federal Bankruptcy Rules.
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How do I get a copy
of them?
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Local Rules can be obtained from the clerk's office or you may
download
them from this site for free.
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What
documents do I need to start a bankruptcy?
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A complete list of the documents and forms necessary to start a
bankruptcy case under any chapter of the Bankruptcy Code is listed under
the filing requirements section of this
web site.
If you need to start your case quickly, you can file only those
documents indicated as minimum documents required for filing. All
additional documents must be filed within the time indicated. Your failure
to timely file additional required documents or seek an extension of time
to do so may result in dismissal of your case, denial of discharge, or the
imposition of sanctions.
The clerk's office does not supply Official Bankruptcy Forms or sample
plans. However, Official Bankruptcy Forms may be purchased at local
stationery stores or downloaded from this web site under Forms.
Type the information on the forms, if possible.
A response is necessary for every question. If your answer is
"none," and there is no "none" box to check, put
"N/A." Use continuation pages when you run out of room. Sign
each form where required. If filing a joint case, make sure that your
spouse signs too.
Prepare your creditor matrix (a mailing list of all your creditors)
according to the matrix format instructions. The clerk's office uses an
Optical Character Reader to scan matrixes and if you do not follow the
instructions exactly, the scanner will not be able to read the matrix
properly. Mailing matrixes MUST be typed.
Make sure that you have the required number of copies indicated under
the filing requirements section.
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Where do I
file my initial bankruptcy case?
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Madison office
U.S. Bankruptcy Court
120 North Henry Street, Room 340
P.O. Box 548
Madison, WI 53701-0548
(608) 264-5178
Cases for the following counties:
Adams, Columbia, Crawford, Dane, Grant, Green, Iowa, Jefferson, Lafayette,
Richland, Rock, and Sauk. |
Eau Claire office
U.S. Bankruptcy Court
500 South Barstow Street
P.O. Box 5009
Eau Claire 54702-5009
(715) 839-2980
Cases for the following counties: Ashland, Barron, Bayfield, Buffalo,
Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson,
Juneau, La Crosse, Lincoln, Marathon, Monroe, Oneida,
Pepin, Pierce, Polk, Portage, Price, Rusk, St. Croix, Sawyer, Taylor,
Trempealeau, Vernon, Viola, Vilas (town), Washburn, and Wood. |
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Where do
I file documents for my case?
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|
Madison office
U.S. Bankruptcy Court
120 North Henry Street, Room 340
P.O. Box 548
Madison, WI 53701-0548
(608) 264-5178
Cases for the following counties:
Adams, Columbia, Crawford, Dane, Grant, Green, Iowa, Jefferson, Lafayette,
Richland, Rock, and Sauk. |
Eau Claire office
U.S. Bankruptcy Court
500 South Barstow Street
P.O. Box 5009
Eau Claire 54702-5009
(715) 839-2980
Cases for the following counties: Ashland, Barron, Bayfield, Buffalo,
Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson,
Juneau, La Crosse, Lincoln, Marathon, Monroe, Oneida,
Pepin, Pierce, Polk, Portage, Price, Rusk, St. Croix, Sawyer, Taylor,
Trempealeau, Vernon, Viola, Vilas (town), Washburn, and Wood. |
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How
many copies of my schedules do I need to file with the court?
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Chapter 7: Original and three copies
Chapter 13: Original and three copies
Chapter 11: Original and six copies
Chapter 12: Original and three copies
If you wish to have a conformed copy returned to you, an additional
copy is required along with a self-addressed, stamped envelope. |
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How
much are the court fees to file a bankruptcy?
|
|
The filing fee for a Chapter 7 is $209.00 ($274 effective 10/17/05)
The filing fee for a Chapter 11 is $839.00 ($1,039 effective 10/17/05)
The filing fee for a Chapter 12 is $239.00
The filing fee for a Chapter 13 is $194.00 ($189 effective 10/17/05)
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What
is a Creditor's meeting (§341
meeting)? What can I expect to happen there?
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Debtors have a duty to appear and testify under oath and to be
questioned by the trustee at the §341(a) meeting. This meeting is
presided over by the trustee assigned to the case and is held
approximately 40 days after the new petition is filed. Failure to appear
may result in dismissal of the case. If a continuance of the meeting date
is sought, contact the trustee assigned to the case.
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How
do I change the date and/or time for a Creditor's meeting?
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Contact the trustee assigned to the case.
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What is a discharge?
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The discharge order is issued by the court and permanently prohibits
creditors from taking action to collect dischargeable debts against the
debtor personally. This does not prevent secured creditors from seizing
collateral if payments are not kept up or other creditors from pursuing
property of the estate. The following information is intended as a summary
only. You are strongly encouraged to consult with an attorney in order to
determine the rights and obligations that apply to your individual
situation.
Some debts are not dischargeable, and others may be found to be
non-dischargeable depending on particular circumstances.
In a chapter 7 case, the bankruptcy court will order that the debtor be
discharged of all dischargeable debts once the time for filing complaints
objecting to discharge has expired unless:
- the debtor is not an individual;
- a complaint objecting to the debtor's discharge has been filed; or
- the debtor has filed a waiver of discharge.
In chapter 11 cases, the confirmation of a plan of reorganization
discharges the debtor from dischargeable debts that arose before the date
of the order of relief unless:
- the plan or order confirming the plan provide otherwise; or
- the plan is a liquidating plan and the debtor would be denied a
discharge in a chapter 7 case under 11 United States Code § 727.
In chapter 12 and chapter 13 cases, the court will order that the
debtor is discharged of dischargeable debts after the debtor has completed
all payments under the plan, or prior to plan completion, after notice and
hearing, if the requirements of 11 United States Code §§ 1228(b) or
1328(b) have been met.
The granting of a discharge does not automatically result in the
closing of a case. All contested matters, adversary proceedings, and
appeals must be resolved and the appointed trustee or debtor-in-possession
must file a final report and account and request entry of a final decree
before the Clerk's Office will close the case.
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What
does it mean if a case is dismissed?
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A dismissal order concludes the case. Upon dismissal, the
"automatic stay" ends and creditors may start to collect debts,
unless a discharge is entered before the dismissal and is not revoked. An
order of dismissal itself will not free the debtor from any debt. Often, a
case is dismissed when the debtor fails to do something he/she must do
(such as show up for the creditor's meeting, or pay the filing fee), or if
it is in the best interests of the creditors. Unless the debtor appeals
the order or seeks reconsideration of the order within ten (10) days after
entry of the order, the Clerk will automatically close the case.
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What is a
reaffirmation agreement?
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A reaffirmation agreement is an agreement by which a bankruptcy debtor
becomes legally obligated to pay all or a portion of an otherwise
dischargeable debt. Such an agreement must generally be filed within sixty
(60) days after the first date set for the meeting of creditors.
If the reaffirming debtor is represented by an attorney, the agreement
is filed with an affidavit of the attorney which complies with 11 United
States Code § 524(c)(3) and no hearing for approval of such an agreement
is necessary. If the reaffirming debtor is not represented by an attorney,
the court will schedule a hearing. You must appear in person at the
hearing. The judge will ask questions to determine whether the
reaffirmation agreement imposes an undue burden on you or your dependants
and whether it is in your best interests. Since reaffirmed debts are not
discharged, the bankruptcy court will normally only reaffirm secured debts
where the collateral is important to your daily activities.
Reaffirmation agreements are strictly voluntary. They are not required
by the Bankruptcy Code or other state or federal law.
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What is redemption?
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Redemption allows an individual debtor (not a partnership or a
corporation) to keep tangible, personal property intended primarily for
personal, family, or household use by paying the holder of a lien on the
property the amount of the allowed secured claim on the property, which
typically means the value of the property. Otherwise, in order to retain
the property, the debtor would have to pay the entire amount of the
secured creditor's debt or enter into a reaffirmation agreement and become
legally obligated on the debt again. The property redeemed must be claimed
as exempt or abandoned.
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What
are claims? How are claims filed?
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In the broadest sense, a claim is any right to payment held by a person
or company against the debtor(s) and the debtor's bankruptcy estate. A
claim does not have to be a past due amount but can include an anticipated
sum of money which will come due in the future.
The written statement filed in a bankruptcy case setting forth a
creditor's claim is called a proof of claim. The proof of claim should
include a copy of the obligation giving rise to the claim as well as
evidence of the secured status of the debt if the debt is secured. Under
the Federal Rules of Bankruptcy Procedure, with limited exceptions, claims
filed by creditors, except governmental units, in chapter 7, 12 and 13
cases must be filed within ninety (90) days after the first date set for
the meeting of creditors. Claims of governmental units must be filed
within one hundred eighty (180) days of the date the petition was filed.
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What
can I do if a creditor keeps trying to collect money after I have filed
bankruptcy?
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If a creditor continues to attempt to collect a debt after the
bankruptcy is filed in violation of the automatic stay, you should
immediately notify the creditor in writing that you have filed bankruptcy.
Provide them with either the case name, number, and filing date, or a copy
of the petition that shows it was filed. If the creditor still continues
to attempt to collect, the debtor may be entitled to take legal action
against the creditor to obtain a specific order from the court prohibiting
the creditor from taking further collection action, and if the creditor is
willfully violating the automatic stay, the court can hold the creditor in
contempt of court and punish the creditor by fine or incarceration. Any
such legal action brought against the creditor will be complex and will
normally require representation by a qualified bankruptcy attorney.
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How
do I change or correct information in the petition, schedules and
statements I have already filed with the Clerk's office?
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The information contained in your petition, schedules, and statement of
affairs is submitted under penalty of perjury. Therefore, you must be
certain that it is correct when you sign these documents. If, however, you
later discover that something is inaccurate, the documents may be
corrected by the filing of an amendment with the Clerk's Office. New
schedules or statements must be filed showing the corrected information.
All amendments must be signed by the debtor(s). A fee of $26.00 must be
paid to amend schedules of creditors if creditors are being added. All
amendments must be served upon the United States Trustee and case trustee,
and certain amendments must be served upon the creditors affected by the
amendment.
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How
can I get information about a case (debtor's name, case number, chapter)?
|
- VCIS (Voice Case Information System) Available 24 hours a day -
1-800-743-8247 or 608-264-5035
- PACER (Public Access To Court Electronic Records) A web-based format that allows anyone with internet access and a PACER login
from the court to access official court records via the internet
at https://ecf.wiwb.uscourts.gov
- Clerk's office 8:00 - 4:30 715-839-2980 or 608-264-5178
More information about these systems.
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What debts are
dischargeable?
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All debts are dischargeable except for those listed in 11 United States
Code § 523.
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How
do I find out who the trustee is in a case?
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The Court prints the name of the trustee in a Chapter 7, Chapter 12, or
Chapter 13 bankruptcy case at the top of the case docket and on many of
the forms. You may obtain the trustee's name by visiting the Clerk's
Office in person or through the automated
systems.
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How
do I get certified copies of documents in a case?
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You may mail a written request, along with a $26.00 per case search
fee, a $9.00 certification fee per document, and a photocopy fee of $ .50
cents per page in the form of either a bank cashier's check or money order
made payable to: United States Bankruptcy Court. No personal checks will
be accepted.
Please include the case name, case number, filing date, and the title
of the specific document(s) which you wish to have certified. In addition,
please include your name, address, and daytime telephone number.
Mail your request to the appropriate
Clerk's Office location. If you wish to visit the court, there
is no search fee. |
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What
should I do if I cannot make my chapter 13 payment?
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If the debtor cannot make a chapter 13 payment on time according to the
terms of the confirmed plan, the debtor should contact the trustee by
phone and by letter advising the trustee of the problem and whether it is
temporary or permanent.
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A
company has filed for bankruptcy that owes us money. What do we do?
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If you have been listed as a creditor in a bankruptcy case, you may
file a claim. If you do not have a claim form, you may pick one up from
any clerk's office location or download the claim
form. Attach
documentation supporting your claim. Only the original claim needs to be
filed in a Chapter 7 or 11. An original and 1 copy are required in Chapter
12 or 13. If you wish to have a conformed copy returned to you, please
enclose an extra copy and self-addressed stamped envelope. Requests for
information regarding when a claim will be paid should be directed to the
trustee assigned to the case whose name and telephone number can be found
on the § 341(a) meeting notice.
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Who
do I notify about a possible fraudulent filing?
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In order to expedite the handling of complaints of criminal violations
in the bankruptcy system, the United States Trustee requires that your
complaint be submitted in a signed letter, bearing your return address and
telephone number to:
Office of the United States Trustee
780 Regent Street
Suite 304
Madison, WI 53715
Upon receipt, your complaint will be reviewed promptly. If the
information furnished establishes a reasonable belief that a criminal
violation has occurred, the matter will be referred to the United States
Attorney. If the United States Attorney deems the matter to hold
prosecutorial merit, it will be referred to the appropriate law
enforcement agency for investigation. A clearly written statement
containing copies of any available documentation will expedite this
process.
Submit the following information:
- The bankruptcy case name and file number, together with copies of
any pertinent court filings.
- A chronological summary of the matter.
- A narrative of what occurred.
- Names, addresses, and telephone numbers (to the extent available) of
the subjects and witnesses known to you.
Once a bankruptcy petition is filed, all information submitted
regarding the debtor or entity becomes a matter of public record, no
matter what the outcome of the case. This information, which is regularly
checked by credit companies, may affect the debtor's or entity's credit
rating. |
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How
many years will a bankruptcy show on my credit report?
|
|
7 to 10 years
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How
do I get a bankruptcy removed from the credit report?
|
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The bankruptcy court has no jurisdiction over credit reporting
agencies. The Fair Credit Reporting Act, 6 United States Code Section 605,
is the law that controls credit reporting agencies. The law states that
credit reporting agencies may not report a bankruptcy case on a person's
credit report after ten years from the date the bankruptcy case is filed.
Other bad credit information is removed after seven years. The larger
credit reporting agencies belong to an organization called the Associated
Credit Bureaus. The policy of the Associated Credit Bureaus is to remove
chapter 11 and chapter 13 cases from the credit report after seven years
to encourage debtors to file under these chapters. You may contact the
Federal Trade Commission, Bureau of Consumer Protection, Education
Division, Washington, D.C. 20580. The telephone number is (202) 326-2222.
That office can provide further information on reestablishing credit and
addressing credit problems. For information on credit practices, contact
(202) 326-3224.
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What
if a case I am interested in has been sent to the archive center?
|
|
To retrieve case information or copies of documents from the Federal
Records Center, you must obtain the Accession Number, Location Number, and
Box Number from the clerk's office where the bankruptcy case was filed.
You may obtain this information in person, by writing to the court where
the case was administered, or from the archive
section in this web site.
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What
is the electronic case file (ECF) project?
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|
ECF is an ongoing automation project that allows attorneys to file petitions and
other electronic documents with the designated United States courts
through the Internet by using a standard web browser. This results in a
completely electronic "case file" that does not have any papers
associated with it at the court. Therefore, all case information is
available for examination electronically through the Internet, again
through the use of a standard web browser. It is our expectation that ECF
will eventually replace the court’s current automation system and will
become the primary method for filing documents and receiving case
information. However, pro se parties or individuals without
internet access will still be able to file and retrieve documents and
information by the traditional paper, VCIS and PACER methods.
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What is Adobe Acrobat?
|
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Adobe Acrobat Exchange is commercial software from Adobe that allows
you to save your documents in PDF (portable document format). All
documents filed in ECF must be in PDF format. Acrobat Exchange is
available from commercial software retailers for less than $200.00. Adobe
also distributes a program called Acrobat Reader that allows you to view
and print (but not create) PDF documents. The reader is available to
download for free from Adobe.
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What
are the benefits and features of using ECF?
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There are a number of significant benefits and features.
Registered attorneys will be able to file documents with
the court 24 hours per day, 7 days per week. Complete case
information will be available to attorneys, parties and the general public
through the Internet. This will include the ability to view the full text
of all filed documents on the system and the option of receiving notices
electronically in ECF cases since the project uses Internet standard
software. The out-of-pocket cost of participation for attorneys is
typically very low, and there are no additional fees charged by the court
for users of this service. |
|
Is
ECF available in the Western District of Wisconsin?
|
|
Yes. The Western District of Wisconsin began using the Electronic
Case Filing system February 4, 2002.
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