While it is possible to file a bankruptcy case pro se that is, without the assistance of an attorney, it may be difficult to do so successfully. It is recommended that a person considering bankruptcy consult with a competent attorney prior to filing a case. For information on lawyer referral programs, or free legal clinics in your area contact the local bar association.

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The trustee's name and address is printed on the notice of the sec. 341(a) meeting of creditors. You also can obtain the trustee's name from the court's automated public information systems, and PACER, or by calling the court and speaking to the operator.

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Certified copies of documents are available at the Clerk's Office. The cost is $7.00 per certification plus the copy fee $.50 per page. To obtain copies by mail write to U.S. Bankruptcy Court c/o mail requests. Please specify the name of the document to be certified and the document number if available. There is an additional file search fee of $20.00 for mail requests that require research. Please make the check or money order payable to Clerk, U.S. Bankruptcy Court. The Clerk's Office does not accept personal checks from debtors.

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Bankruptcy cases are public records and are available for viewing via computers in the Clerk's Office. In addition, the court's Public Access to Court Electronic Records (PACER) provides basic case information by computer modem. Those with PACER and Windows95 can view images of court documents using our Web PACER service.

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How long does a bankruptcy remain on my credit report?

The fact that an individual filed a bankruptcy can remain on the credit report no longer than 10 years under provisions of the Fair Credit Reporting Act.

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The Clerk's Office is open to the public from 8:00 a.m. to 4:00 p.m. Monday through Friday, except for the following holidays:

In a chapter 7 no-asset case do not file a claim unless requested to do so by the court. In a chapter 7 asset case you will receive a claim form and a notice setting a date to file the claim.. In a chapter 13 case, a proof of claim must be filed within 90 days of the 341 meeting date. In a chapter 11 case a proof of claim must be filed within 90 days of the 341 meeting date. Any government agency has 180 days of the 341 meeting date to file a claim.. The original claim and any supporting documents are filed with the Clerk's Office. If you wish to have a conformed copy returned to you, please enclose an extra copy and a self-addressed stamped envelope.

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What if the case I'm interested in is closed or archived?

Closed cases are kept at the Clerk's Offices for a limited amount of time (usually 3 months after closing) due to a lack of storage space. The closed cases are shipped to the Missouri Federal Records Center (archives). To view a case at the Federal Records Center you need the accession, location and box number. That information is available by calling the Clerk's Office at (787) 977-6000. If you prefer to have the case shipped from Missouri to the Clerk's Office to review, there is a $35.00 archive retrieval fee. The Missouri Federal Records Center accepts copy requests from bankruptcy case files by mail or fax.

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Section 341(a) of the Bankruptcy Code requires every debtor to personally attend a meeting of creditors and to submit to an examination under oath. The United States Trustee, his designee or, in a chapter 7 case, a panel trustee, presides at the meeting. Creditors may question the debtor under oath, elect a trustee other then the one assigned, and conduct such other business as may be appropriate. Creditors are not required to attend the meeting.

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Chapter 7

Individuals, corporations and partnerships are eligible. A trustee is appointed to liquidate the estate. State law determines what portion of his property a debtor may keep by claiming he is exempt. The trustee will sell the rest of the debtor's property and distribute the proceeds to creditors. If all the debtor's property is exempt, the case will be a "no-asset case, " with no distribution to creditors.

The Office of the United States Trustee is an Executive Branch agency within the Department of Justice. Its function is to oversee the administration of bankruptcy cases. The U.S. Trustee establishes and supervises a panel of private trustees in chapter 7 cases, appoints standing trustees in chapter 13 cases, and appoints case trustees in chapter 11 and chapter12 cases. The U.S. Trustee monitors the administration of chapter 11 cases by, among other things, reviewing disclosure statements and plans of reorganization, and monitoring post-confirmation plan performance. The U.S. Trustee also monitors bankruptcy cases for possible crimes which may be reported to the United States Attorney.

Petition forms are available at most office supply stores, from businesses that sell legal forms or from sites on the Internet. The Bankruptcy Court Clerk's office does not stock petition forms.

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Who do I notify about a possible fraudulent filing?

The Office of the United States Trustee reviews complaints about possible fraudulent filings and, if appropriate, notifies the U.S. Attorney for further investigation. For more information contact: The US Trustee’s Office at (787) 729-7444.

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This court order grants a discharge to the person(s) named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge is an injunction which prohibits any attempt to collect from the debtor(s) a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That Are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That Are Not Discharged.. Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifica1ly has decided or will decide in this bankruptcy case are not discharged; h. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case.

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