A) In chapter 7 bankruptcy cases, the entry date of a discharge on the case docket depends upon whether a trustee or creditor objects to the debtor receiving a discharge. For information about non-dischargeability issues and proceedings, consult Bankruptcy Code Section 727 and Federal Rules of Bankruptcy Procedure Rule 4004.

(1) The earliest date that a discharge will be entered on the case docket is shortly after the sixtieth (60th) day following the first date set for the 341(a) Meeting of Creditors. Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge. This sixty (60) day period ensures that a trustee and creditors have sufficient time to conduct investigations, and the court may extend the deadline if an appropriate motion to extend the filing deadline is filed before the sixty (60) day period expires.

(2) The later date that a discharge will be entered is after other actions are taken, such as:

1. A trustee or creditor can delay the entry of a discharge order by filing a complaint (adversary proceeding) objecting to the discharge within the sixty (60) day period mentioned above or by getting the court to extend the sixty (60) day deadline;
2. A creditor or debtor can delay by filing a reaffirmation agreement;
3. An individual debtor will cause a delay by not filing Certification of Completion of Instructional Course
4. Concerning Personal Financial Management (Form 423). For requirements for filing proof of completion of the Certification of Completion of Instructional Course Concerning Personal Financial Management; and
5. The U.S. Trustee filed a motion to dismiss the bankruptcy case under Bankruptcy Code Section 707(b), and the motion is still pending.

(3) A discharge will not be entered in a chapter 7 case if:

1. In Chapter 11 cases, if the debtor is an individual, a discharge may be entered once the debtor has completed making payments under the Chapter 11 plan. If the debtor is not an individual, the debtor must be entitled to a discharge, and if so, a discharge order may be entered once the Chapter 11 Plan is confirmed. For more information, see Bankruptcy Code Section 1141 and consult a bankruptcy attorney.
2. In Chapter 13 cases, a discharge is usually entered once the debtor has completed making payments to creditors in accordance with the terms of the debtor's Chapter 13 Plan and the debtor has filed the Certification of Completion of Instructional Course Concerning Personal Financial Management (Form 423). For requirements for filing the Certification of Completion of Instructional Course Concerning Personal Financial Management, see FAQ Before Filing #16. Also see Bankruptcy Code Section 1328. In limited circumstances a debtor may be granted a discharge despite not complying with discharge rules. This is called a "hardship discharge." See section 1328(b) of the Bankruptcy Code. An attorney should be consulted to determine if this exception applies.

Download Form:  Official Form 423

FAQ Type:
After Filing Bankruptcy

See Also:
Personal Financial Management Certificate, Do I Need To File This?
Prior Bankruptcy, If I Had A Prior Bankruptcy, How Soon Can I Get Another Discharge?

If a debtor is not complying with bankruptcy requirements, a trustee or creditor can file a motion to dismiss or convert a bankruptcy case under Bankruptcy Code Sections 706, 707, 1112 or 1307, or the court can set an Order to Show Cause re Dismissal/Conversion.

DISMISSAL HAS SERIOUS CONSEQUENCES. If a bankruptcy case is dismissed at the request of a trustee or creditor, or by the court on its own motion, the debtor may be prohibited from filing another bankruptcy case for 180 days [Bankruptcy Code Section 109(g)] or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code Section 349).

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

A) Dismissal vs. Closing of a Bankruptcy Case -- The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.

1. Dismissal of a Bankruptcy Case – Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal. Dismissal can also occur without a debtor's consent if the court orders dismissal on its own, or a trustee or a creditor files a motion to dismiss the bankruptcy case and the court grants the motion. See related FAQs below.
2. Closing of a Bankruptcy Case – Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.  See related FAQs below.

Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed. If a bankruptcy case is closed without a discharge because an individual debtor did not timely file a Certificate of Completion of Instructional Course Concerning Personal Financial Management, a debtor must file a Motion to Reopen the Case.

Closing does not necessarily mean that all adversary proceedings are finished. For information about adversary proceedings, see related FAQs below.

B) Conversion to Another Bankruptcy Chapter – Conversion means that the court has approved changing a bankruptcy case from one chapter to another chapter. Conversion may be requested by a debtor, by a trustee or creditor, or be independently ordered by the court. Sometimes conversion is automatically approved, and in other situations it is disallowed or requires a court hearing to approve a motion to convert. In some ways, conversion starts the bankruptcy case over because there are different rights and duties for the debtor and creditors. In other ways, conversion continues activities that are already taking place. It is highly recommended to consult a bankruptcy attorney to discuss a debtor's right to convert to another chapter and the impact of conversion. See related FAQs below.

FAQ Type:
After Filing Bankruptcy

See Also:
Deadlines And Procedures For Adversary Proceedings, Are There Any?
Discharge, How Do I Get A Copy?
Dismiss Or Convert A Bankruptcy Case, Can The Court Do This Without The Debtor's Consent?
Dismiss Or Convert A Bankruptcy Case, Can The Debtor Voluntarily Do This?
Dismissal, Conversion & Closing Of A Bankruptcy Case, What Are The Differences Between Them?
Lawsuit, Can One Be Filed After The Bankruptcy Case Is Filed?
Lawsuit, What If One Was Filed Before The Bankruptcy Case Was Filed?
Reopen A Bankruptcy Case, How Do I Do This And Is A Fee Required?

For bankruptcy cases and adversary proceedings filed prior to the onset of "Case Management/Electronic Case Filing" (CM/ECF), not all documents will be imaged on the electronic docket. Please contact the clerk's office of the court division where the case is or was administered.

FAQ Type:
General Info

See Also:
No Related FAQs

In some situations the Automatic Stay does not protect a debtor from all creditors, or it only applies for 30 days after the bankruptcy case is filed. In these situations a debtor must file a Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay if a debtor wants the Automatic Stay to protect the debtor. A fee is required to file this motion. As this type of motion must be heard by the judge quickly after a bankruptcy case is filed, it is highly recommended to consult a bankruptcy attorney before a bankruptcy case is filed.

Download Form: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay

See: Fee Schedule

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

A) Federal Rules of Bankruptcy Procedure - There are procedural rules that apply in every bankruptcy case filed in the United States. These rules are called "Federal Rules of Bankruptcy Procedure (F.R.B.P.)." The Federal Rules of Bankruptcy Procedure are not available for viewing or purchase from the clerk's office. However, they may be purchased from legal bookstores and may be viewed at law libraries and online.

B) Interim Federal Rules of Bankruptcy Procedure - In some years, Interim Rules are promulgated and made effective in the midst of a calendar year. These rules still apply in all bankruptcy cases.
 

FAQ Type:
General Info

See Also:
No Related FAQs

eSR is an online tool to help individuals complete a chapter 7 or chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney.  Click here to learn more about this online tool.

Filing in Person at Intake Window – A bankruptcy petition package or other document should be filed in person if cash is used to pay the filing fee or if a “Filed” stamped copy of the document is desired. Although there may be a number of people in line, the wait is generally very short.

Filing by Mail - Bankruptcy petition packages and other documents may also be mailed to the Court. If a debtor is filing a document that requires a filing fee, the debtor must include a postal money order, as personal checks are not accepted. The cashier’s check or money order must read: “Pay to the Order of United States Bankruptcy Court.”

Whether filing a document in person or by mail, determine the correct filing location by using the zip code of the debtor’s residence or principal place of business.

Attorneys – In most situations attorneys are required to electronically file petition packages and other documents using the CM/ECF system. Register for CM/ECF. See the Court Manual for filing procedures. Additional information about  lodging orders electronically may be found here.

The Electronic Drop Box is a tool available to self-represented litigants to enable them to upload court documents for filing that do not require a filing fee. Once you are determined to be eligible to use the Electronic Drop Box, the court will provide you with a link to upload your documents.  After the court reviews the uploaded document it will be deemed filed with the court.

FAQ Type:
Before Filing Bankruptcy

See Also:
Case Number, What Does It Mean?
Fees, What Is The Payment Method For Bankruptcy Court Fees?
Official Time of Filing, What is the official time of filing a petition or document?

In some situations, the court may approve a filing fee to be paid in installments or waived completely. Note that if an installment payment plan is approved, the payment schedule must be complied with or the bankruptcy case may be dismissed without the debtor obtaining a discharge of debts.

Chapter 13 Petition Package – In chapter 13 bankruptcy cases, it is generally not allowed to have a filing fee waived or to pay in installments. The purpose of chapter 13 is to keep current with payments, and therefore if the filing fee is not affordable, the court will question a debtor's ability to succeed in a chapter 13 case.

Chapter 11 Petition Package – In chapter 11 bankruptcy cases, fee waivers or installment payments usually are not allowed.

Chapter 7 Petition Package - If a debtor files a chapter 7 bankruptcy case and the debtor's income is less than 150% above the federal H.H.S Poverty Guidelines (which varies depending on your family size), the court may waive the filing fee completely or approve payments in installments. The debtor must make a written request to the court and submit the request at the Clerk's Office intake window at the time the bankruptcy petition is filed. The intake staff will contact the judge to whom the bankruptcy case is assigned, and the judge will make a decision as soon as is possible. This may require the debtor to wait at the courthouse for a few hours if the judge is not available right away, or the debtor may have to return on the next day that the court is open. Even if the court does not waive the filing fee, the court may allow a debtor to pay the filing fee in installments.

Download Form: Fee Installments and Waiver Application

FAQ Type:
Before Filing Bankruptcy

See Also:
No Related FAQs

Once it is determined that a hearing is required, the moving party must set the matter for hearing and provide adequate notice of the hearing. To set a hearing and provide notice of the hearing, do all of the following:

A) Identify how much notice is required before the hearing can take place;
B) See the Self-Calendaring page to look at self-calendaring procedures for the judge who will hear the motion;
C) Put the hearing date, time, courtroom, and courthouse address on the first page of the motion (See Local Bankruptcy Rule 1002-1 for information on Motion captions);
D) Prepare a written Notice of Motion in which the date of the hearing and the deadline for filing a response are clearly stated. Downoad the Notice of Motion form below. E) Serve the Notice of Motion of the hearing on all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure; and
F) Do not lodge an order before the hearing unless the court or Local Bankruptcy Rule specifically allows or requires that an order be lodged before the hearing, or the order is allowed to be electronically lodged via the LOU program. See Local Bankruptcy Rule 9021-1 for rules on lodging orders. Information on how to upload orders.

Download Form: Notice of Motion F 9013-1.1

FAQ Type:
After Filing Bankruptcy

See Also:
Hearing, Do All Motions Require One?

Once it is determined that a hearing is not required, a party must provide notice of the motion and properly serve the motion before obtaining a ruling from the judge. The motion will have to clearly and plainly state that there will not be a hearing unless a party files and serves a written response and specifically requests a hearing. To provide notice of the motion and serve the motion, do all of the following:

1. Follow the procedure for providing notice of the motion and serving the motion – In particular see Local Bankruptcy Rule 9013-1;
2. Clearly state in the Notice of Motion the procedure for objecting to the motion and requesting a hearing;
3. Wait the proper response period;
4. Follow the procedure for notifying the court as to if any objections were received and if a hearing was requested.
   1. If an objection was filed and a hearing was requested, the moving party must timely set the matter for a hearing, or the motion may be denied; and
   2. If an objection was not filed within the response deadline, file a declaration of service and non-Response, and lodge an order.

F 9013-19[1] DECLARATION RE: ENTRY OF ORDER WITHOUT HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 9013-1(g)

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

If a party disagrees with a judge's legal or factual conclusions from a proceeding, and the judge has entered an order or judgment that reflects the judge's ruling, the party who disagrees generally has four alternatives:

A) Motion to Vacate an Order or Judgment - When a party files a motion to vacate an order or judgment, the party identifies a specific order or judgment that is disagreed with and specifically discusses what the party thinks is incorrect with the judge's legal or factual conclusions. A motion to vacate an order or judgment is granted under limited circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9024 and Local Bankruptcy Rule 9013-4.

B) Motion to Amend an Order or Judgment - A motion to amend an order or judgment is similar to a motion to vacate an order or judgment, and generally the same standards apply. However, a motion to amend an order or judgment is usually based on changed circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9023 and Local Bankruptcy Rule 9013-4.

C) Appeal to the District Court or Bankruptcy Appellate Panel – If a party wishes to file an appeal to the District Court or the Bankruptcy Appellate Panel, a Notice of Appeal must be filed within 14 days of the entry of the Order or Judgment on the docket. If, for whatever reason, a party fails to file a Notice of Appeal within 14 days, the party must file a motion for permission to file a Notice of Appeal. A party may not file a Notice of Appeal later than thirty (30) days after entry of the Order or Judgment.

When an Appeal is filed, the matter is automatically referred to the Ninth Circuit Bankruptcy Appellate Panel ("BAP") unless the appellant files a separate Statement of Election to transfer the appeal to the U.S. District Court concurrently with the Notice of Appeal. Within a short period of time the appellee also has the opportunity to transfer the appeal to the U.S. District Court. When an appeal is directed to the BAP, an original and three (3) copies of the Notice of Appeal need to be filed, plus copies for the interested parties with self-addressed, stamped envelopes. When an appeal is directed to the District Court, an original and one (1) copy must be filed. See Fee Schedule to determine the cost for filing a Notice of Appeal.

D) Request that Matter be Directly Appealed to the Ninth Circuit Court of Appeals – If a party wishes to have the matter directly appealed to the Ninth Circuit Court of Appeals, the party must file a motion with the bankruptcy judge.

Appeals are very complex and are governed by many technical rules. Refer to the 8000 series of rules from the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules.

Download Form:  Notice of Appeal

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

A) Adversary Proceedings Can be Filed After Bankruptcy Case is Filed - Adversary proceedings can be filed in bankruptcy court for a variety of reasons, such as:

1. A creditor wants to prevent the debtor from receiving a discharge;
2. The trustee attempts to force a non-debtor party to give back property that belongs to the bankruptcy estate; or
3. A party wants the court to make rulings about property or contractual rights (Declaratory Relief).

In some scenarios an adversary proceeding is the only procedural method for obtaining relief. Consult Federal Rules of Bankruptcy Procedure Rule 7001 to determine if an Adversary Proceeding is required. In some situations an adversary proceeding can be started or continued even if the main bankruptcy case is no longer open.

B) Filing the Complaint – A plaintiff must take six steps to properly file an adversary complaint:

1. Include an adversary proceeding cover sheet;
2. Pay the adversary filing fee;
3. Provide one extra copy to the court of the complaint and cover sheet, even if the complaint is filed electronically via CM/ECF;
4. Include a "Summons" form that the clerk's office can fill out and return to the plaintiff. The summons will indicate the adversary number and the date/time/location of the initial adversary status conference;
5. Serve a Summons on each defendant according to the methods and time limits set forth in the Federal Rules of Bankruptcy Procedure 7000 series and Local Bankruptcy Rules; and
6. File a Proof of Service of Summons and Complaint after a defendant has been properly served.

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

The Central District of California has its own special rules for bankruptcy cases and adversary proceedings administered in this district. These rules are called "Local Bankruptcy Rules" for the Central District of California" ("LBR"). The Local Bankruptcy Rules can be downloaded from this website free of charge, or they may be viewed at all divisional clerk's office locations.

FAQ Type:
General Info

See Also:
Locations, Where Are The Five Different Offices Of The Bankruptcy Court?

A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence. The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing. The Notice of Motion and the Motion must be served upon all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. "Serving" the Notice of Motion and Motion is an important part of due process, and failure to timely serve interested parties can result in a denial of or delay in ruling on the motion or a denial of the motion. Consult the CM/ECF Administrative Procedures to determine if a person may be served electronically instead of by mail.   

Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.

The Court will enter an order in which the judge either grants or denies the motion.

See Local Bankruptcy Rule 9013-1 for rules and deadlines for filing and serving most motions. There may also be other Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules that apply.

Download Form: Notice of Motion  F 9013-1.1

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

The Office of the U.S. Trustee (“UST”) is not part of the bankruptcy court but is an agency of the Department of Justice whose main role is to monitor the administration of bankruptcy cases, detect bankruptcy fraud, and appoint/supervise a group of trustees who can administer chapter 7, 11, or 13 bankruptcy cases. The Office of the U.S. Trustee is divided nationwide into 16 regions, and each region is comprised of lawyers, case analysts, and other staff who are supervised by one person whose title is “United States Trustee.” The U.S. Trustee generally has the right to be present at any court hearing and can make motions and recommendations to bankruptcy judges.

The U.S. Trustee for Region 16 has oversight of bankruptcy cases in the Central District of California. The main office for Region 16 is in Los Angeles, but offices are located near to or at the courthouses in all divisions.

One of the first actions in a bankruptcy case is the 341(a) Meeting of Creditors, and this meeting may be held at one of these division offices.  See 341(a) Meeting Locations.

FAQ Type:
After Filing Bankruptcy

See Also:
341(A) Meeting Of Creditors, What Is It And Who Must Attend?

An "Order" is a separate document that a judge signs which sets forth the judge's ruling on a motion. A "Judgment" is a separate document that a judge signs and sets forth the judge's ruling at the end of an adversary proceeding. The order or judgment may be prepared by the court, be lodged by the moving party, or be lodged by a responding party. After the judge signs an Order or Judgment, it is entered on the court docket and served on required parties. The Order or Judgment begins a timeline for filing appeals or filing motions to change the ruling. In some situations the court will enter an Order or Judgment and also enter a document titled "Findings of Fact and Conclusions of Law." But usually an Order or Judgment is very short and simply states that legal conclusions and factual findings were made on the record at the hearing.

An Order or Judgment must be prepared separately from other documents, i.e. it shall not be a part of a motion, response, application, stipulation, etc.

* See Local Bankruptcy Rule 9021-1 for the format of preparing and lodging a proposed Order or Judgment.

* See LOU Procedures for preparing and electronically lodging proposed Orders or Judgments PDF.

* Only CM/ECF-registered users are able to lodge an order electronically via LOU.

* See Federal Rule of Bankruptcy Procedure 9022 and applicable Local Bankruptcy Rules to identify to whom the court must deliver an entered order.

If the Order or Judgment relates to a court hearing, a record may be obtained of the oral arguments and court findings and conclusions made at the hearing.

See Audio Recording of Court Proceedings Order Form
See Transcipt Order Form and Instructions

FAQ Type:
After Filing Bankruptcy

See Also:
No Related FAQs

 A) General Privacy Policy - The Judicial Conference privacy policy addresses the protection of individual privacy in the context of access to electronic case files. Effective December 1, 2003, the policy requires that personal identifiers, such as Social Security numbers, financial account numbers, dates of birth, and names of minor children be redacted. A debtor and others who file documents with the court are responsible for redacting personal identifiers from documents filed with the court. Neither the clerk's office nor bankruptcy judges are responsible for this.

The privacy policy applies to all documents filed with the court, whether submitted by electronic means or by paper copy. The policy is not retroactive.

B) Excluding a Debtor's Personal Identifiers from Petition Packages - In compliance with the Judicial Conference privacy policy, effective December, 1, 2003, filers should redact certain personal or sensitive information from documents filed with the Court. "Personal identifiers" are the following:

1. Social Security Numbers: All 9 digits of the SSN - A debtor is required to submit a Statement of Social Security Number(s) (Official Form 121) containing the full nine-digit SSN at the time a petition is filed. The bankruptcy court clerk's office staff will use the information to open a bankruptcy case docket, but the actual Official Form 121 will not become part of the docket that is viewable by the public. Last 4 digits only – For all other documents in which an individual's SSN must be included, ONLY insert the last four digits of the SSN. If a debtor needs to amend a social security number, 3 forms must be filed. Download form below.
2. Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used.
3. Dates of Birth: If an individual's date of birth must be included in a document, only the year should be used.

C) Excluding Names of Minor Children -- If the name of a minor child must be mentioned in a document, only the initials of that child should be used.

Download Form: Amended Statement of Social Security Number(s) or ITIN Number
 

FAQ Type:
Before Filing Bankruptcy

See Also:
No Related FAQs