Process After Filing Bankruptcy

Bankruptcy Rule 3002(c) sets the time for filing claims in chapter 13 cases. For most creditors, the deadline is set at 90 days from the first meeting of creditors, which works out to be a deadline about 4-5 months into the case. Governmental claims, such as taxes, get a different deadline, typically 180 days from the filing of the case.

The bankruptcy code is federal law and the bankruptcy courts are federal courts. Given the significant power the bankruptcy process has to remove the otherwise existent rights of creditors to collect otherwise legal debts, there is the potential for serious abuse. As a deterrent, Congress enacted specific criminal statutes to punish certain serious wrongdoing in the bankruptcy process, in chapter 9 of title 18 of the US Code.

When a bankruptcy case is filed, there is a debtor, creditors, a trustee, and other such parties. While the interests of these parties may diverge, there may not be any direct one-on-one adverse relationship between any two parties.

When an individual files a chapter 7 or chapter 13 bankruptcy case in North Carolina, or anywhere, one of the first things to happen is that a trustee is appointed. This is an important role, and the trustee is broadly tasked with administering the bankruptcy case. What this means in practice depends greatly on bankruptcy chapter.

The automatic stay begins immediately upon the filing a of a voluntary bankruptcy case. For the most part, it ends on dismissal, discharge, denial of discharge, or closing of the case.

One of bankruptcy's unique aspects is that there is a huge cast of characters in bankruptcy, each with a particular role. Different officials and parties review filed bankruptcy papers for different things.

A motion to dismiss is a common motion in a chapter 13 bankruptcy. Such a motion asks the judge to close the bankruptcy, and the result is no discharge of debts and the debtor is left to resolve debt matters without the assistance of the bankruptcy process. Most motions to dismiss are filed by the Chapter 13 Standing Trustee.

Basically, adequate protection payments are early-case disbursements made by the chapter 13 trustee from funds the debtor as paid to the trustee, which are directed towards holders of car loans and other certain secured claims on personal property. The theory behind these small payments is to protect the lender from depreciation while the case is pending.

For proof of claim filing requirements, chapter 7 cases have to be considered in two groups: (1) Asset Cases, where the trustee is selling property and paying creditors, and (2) No-asset Chapter 7 Cases, where all property is covered by one or more property exemptions.

Several deadlines are set or set in motion after a chapter 7 case has been filed. Several of these are keyed to 341 meeting date that will be set within a few days of the case being filed. Each of these deadlines can be extended by the court upon timely request, and such extensions are not unusual.