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FAQs
While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a bankruptcy attorney or legal association. For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the United States Bankruptcy Court for the District of Arizona.
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What happens after I file?
Please click on the link below to watch videos that explain the bankruptcy process and bankruptcy chapters.
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What is the Automatic Stay?
An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.
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Do I need an attorney to file bankruptcy?
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. Unincorporated associations, partnerships and corporations must appear though an attorney in Federal Court. Hiring a competent attorney is highly recommended. You may contact the Maricopa County Lawyer Referral Service at 602-257-4434 for further information. The Court also provides walk-in Self Help Centers for visitors who are seeking more information about how the bankruptcy process works. The Bankruptcy Section of the State Bar of Arizona provides volunteer attorneys, who will consult with individuals for 20 - 30 minutes without charge concerning their bankruptcy situation. The volunteer attorneys are available by appointment only. For more information or questions, please contact our front counter staff or call 602-682-4000 (Phx), 520-202-7500 (Tuc) or 800-556-9230 and select 0 (zero) for the receptionist. Court staff are unable to provide legal advise and the Court does not provide legal counsel to pro se parties.
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Who do I notify about a possible fraudulent filing?
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 Special Investigations Unit 230 N. First Ave., Ste. 204 Phoenix, AZ 85003
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.
Get more information regarding reporting suspected bankruptcy fraud from the U.S. Trustee's web site.
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How do I file for Relief from the Automatic Stay?
In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.
A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. Local Bankruptcy Rule 4001-1 prescribes the procedures for filing a motion for relief from the automatic stay. (Each motion shall be supported by all documents which assert a valid perfected security interest or support an assertion of lack of adequate protection or of equity in that property.)
The filing fee for a Motion for Relief from the Automatic Stay is $199.00. The original Motion for Relief from the Automatic Stay is required upon filing.
A downloadable Relief From Stay Manual is available to explain the process in detail.
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How do I object to the debtor’s general discharge or discharge of a debt owed to me?
Use the Adversary Pro Se Handout packet in the forms section of the website or click the link below.
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A company or individual who owes us money filed bankruptcy, what do we do?
If you have been listed as a creditor in a bankruptcy case, you may file a claim form. 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 any documentation supporting your claim. Only the original claim needs to be filed. If you wish to have a confirmed 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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Claim, what is it and how do I file?
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How do I file a change of address?
Fill out the creditor change of address form and mail it to the court. Please include the case name and case number to ensure the form is filed properly.
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What is a 341(a) meeting?
Debtors have a duty to appear, testify under oath, and to be questioned by creditors 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 or change in the hearing date, time, or location is sought, the trustee assigned to the case must be contacted. Such requests are not filed with the court.