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What is the automatic stay?
The automatic stay is a powerful provision of the Bankruptcy Code. With some exceptions, it requires all creditors to cease collection efforts, harassment, and foreclosure actions. It permits the debtor to attempt a repayment plan or simply to be relieved of the financial pressures that drove them into bankruptcy. The automatic stay also protects creditors. Without it, certain creditors would be able to pursue their own remedies against the debtor’s property. For more information about the automatic stay. See section 362 of the Bankruptcy Code.
What is a motion?
A motion is a formal written request by a party to the Court. It requests an action and sets forth his or her grounds for the action requested. The request asks the Court to order a party to do something or to order the party to refrain from doing something. The party against whom the action is requested is the respondent. For more information about motions, please see Rules 9013 and 9014 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules 9014-1 through 9014-4.
How do I set a date for a hearing?
You must consult Rule 9014-1 through 9014-4 of the Local Bankruptcy Rules and the assigned judge’s Practice and Procedures, which may be found on the court’s website.
How do I obtain information about a case?
You may call the Clerk’s office.
I have a complaint about my attorney, who do I contact?
How do I change my address?
If your home or mailing address changes during the course of your case, you must file a notice with the court that provides the new address.
What do I do if I disagree with an order entered in a case?
You may either file a motion for reconsideration of the order to the bankruptcy court or file a notice of appeal. The appeal will be heard by the United States District Court. There is a filing fee for filing a notice of appeal. You must consult the Federal Rules of Bankruptcy Procedure and the Local Rules.
What is the function of the United States Trustee?
The office of the United States Trustee is the agency of the Department of Justice responsible for monitoring the administration of bankruptcy cases and detecting bankruptcy fraud. It is completely separate from the Bankruptcy Court. It is also responsible for appointing and supervising interim trustees to administer Chapter 7 cases, overseeing the Debtor-in-Possession, and appointing a standing Trustee in Chapter 13 cases.