Bankruptcy Court Information

Colorado District Bankruptcy Court

Residents of all areas of Colorado must file in the Colorado District Bankruptcy Court

Glossary of Important Terms You're Likely to find in Court Websites

341 Hearing

Your meeting with trustee and any creditors who choose to attend. At this meeting the trustee will ask you questions about the papers you have filed and creditors can ask questions and raise objections. For most debtors, this is the only time you have to go to the courthouse.

BAPCPA

The new anti-consumer bankruptcy law passed by the Republican congress (with help from many Democrats) in 2005. BAPCPA imposes many new procedural requirements ('gotchas') on debtors filing for bankruptcy and can result in dismissal of a bankruptcy case on for failure to meet technical filing requirements.

CM/ECF

Case Management/Electronic Case Filing - Attorneys are required to file documents electronically. Links with this descriptor deal with the procedures for electronic filing of documents. Debtors representing themselves (pro se) do not have to do this (except perhaps, in Virginia.)

Fee waiver

If your income is less than 150% of the poverty level income for a family your size in your state, you don't have to pay the bankruptcy filing fee and may also not have to pay the fees for mandatory credit counseling and debtor education courses. The relevant income levels can be found at http://aspe.hhs.gov/poverty/06poverty.shtml.

2006 HHS Poverty Guidelines

Persons in Family or Household	48 Contiguous States and D.C.	Alaska	Hawaii
1	$ 9,800	$12,250	$11,270
2	13,200	16,500	15,180
3	16,600	20,750	19,090
4	20,000	25,000	23,000
5	23,400	29,250	26,910
6	26,800	33,500	30,820
7	30,200	37,750	34,730
8	33,600	42,000	38,640
For each additional person, add	3,400	4,250	3,910

SOURCE:  Federal Register, Vol. 71, No. 15, January 24, 2006, pp. 3848-3849

In Forma Pauperis

A debtor too poor to pay the filing fee. (See "Fee waiver")

Payment Advices

Pay stubs, etc. Local rules may have a requirement to supply "payment advices"

Pro bono

Legal services provided for free. Some court websites have listings of organizations that provide free legal assistance to debtors who cannot afford a lawyer.

Pro se (pro SAY)

A Latin phrase meaning "for himself/herself" or "in one's own behalf." This term denotes a person who represents himself/herself in court. A person who files for bankruptcy without a lawyer is said to be a 'pro se' filer.

Pro Hac Vice (pro-hack-VEE-chay)

Filing as an attorney but from outside the district. (example "Motion to Proceed Pro Hac Vice")

General information

Official Court Website:

* Home page

(http://www.cob.uscourts.gov)

(Note: Court websites change often and links go out of date. If a link does not work, go to the home page for the court and look for the materials from there.)

What you'll find there:

If you file for bankruptcy, you'll need to file your papers with one of the courthouses that serve the Colorado District Bankruptcy Court. You'll have to go there in person at least once to meet with the bankruptcy trustee.

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Where to start

Before you file, there are three kinds of information you'll need to get from the court's website:

1 Info on Filing Bankruptcy Without an Attorney

The Colorado District Bankruptcy Court offers information specifically designed for people filing without an attorney. Depending on how prepared you are, some of this may be review. But you may find lots of helpful info on how they do things in this particular court. Some courts just offer links to a generic national information page. In the best cases, courts offer specific guidance about local procedures.

2. Court (Local) rules

Depending on how poorly they're written, your court's local rules probably won't make much sense to you. Don't worry. You may not be affected by most of the rules.

However, you will need to follow the rules about filing procedure and how to format the creditors' "mailing matrix" (a list of creditor's names and addresses). Each court has its own rules about these things, and they tend to be fussy about it. You must comply with the details of the process, such as filing dates, filing procedures, fees, and a myriad of other bureaucratic wonderfulness.

If your court publishes plain-English instructions for those filing without a lawyer , use that first, rather than trying to read the actual rules.

Chapters 6 and 7 of How to File for Chapter 7 Bankruptcy offer more information on what to look for in local rules and how to ask the court clerk for the information you need as you prepare your paperwork and fill in yourforms.

3. Court forms.

Bankruptcy is a forms-intensive process, kind of like doing a long tax return.

The main forms you use in bankruptcy are federal forms, used nationwide in all bankruptcy courts.

Your bankruptcy court may have additional local forms for dealing with things like the list of creditors.

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Other information from the court

Most courts link to a downloadable U.S. Courts publication called "Bankruptcy Basics." This offers a decent overview of Chapter 7 and Chapter 13 bankruptcy -- but has no information about how to actually file or fill in the mountain of forms.

Now most courts also link to a new helpful video on the Federal Courts website that explains the bankruptcy process.

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• Required Forms and Documents
• Form 1 -- Voluntary Petition
• Form 6 -- Schedules
• Form 7 -- Statement of Financial Affairs
• Form 8 -- Chapter 7 Individual Debtor's Statement of Intention
• Form 21 -- Statement of Social Security Number
• Form 22A -- Statement of Current Monthly Income and Means Test Calculation
• Form B201: Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code
• Mailing Matrix
• How to File Your Papers
• After You File

Chapter 7. Handling Your Case in Court

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Chapter 13 Bankruptcy:
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What's all this about "CM/ECF"?

If you visit any bankruptcy court website, you will see prominent notices about mandatory "CM/ECF" which stands for "Case Management/Electronic Case Files." If you are representing yourself (filing without a lawyer), don't worry about this -- it applies only to lawyers (although most sites fail to mention that important fact).

If you're a lawyer, you must file your client's bankruptcy forms electronically and receive training on how to do it. Electronic filing simply means filing your forms as PDF (Acrobat) files via the internet or CD-ROM. Creating PDF files does not require special software. Any software that can print can also produce PDF files with the proper software add-ons. There are some specialized attorneys' bankruptcy software that will produce PDFs from data you enter.

Most downloadable official forms these days are PDFs with fillable fields and most computers can "print" a filled-in form to a PDF file. (See the Free Bankruptcy Forms page for more info)

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Dealing with "legalese"

on court websites and forms

Courts should serve all taxpayers, not just lawyers. Filing requirements should be clear and accessible to everyone. After all, everyone must follow the law, so why not make the rules clear and in plain English?

Unfortunately, not all courts provide clear, simple instructions for filing bankruptcy forms. It takes some effort to translate legalese into plain English, and some courts just don't bother. In fact, many courts call information for non-lawyers "pro se" (a Latin term) information. They just don't get it.

Fortunately, more and more courts are starting to "get it" and are providing information to help non-attorneys get find relevant information and lay out clear timelines of essential procedures and explain requirements in a clear, easy to follow manner.

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Courts that "get it"

In our first review of 90 bankruptcy court websites nationwide two years ago, LegalConsumer.com found only a handful that provide clear, well-organized filing information for those who don't speak legalese. These courts showed what could be done if all courts would bother to take the time to help the general public. All bankruptcy courts should follow their example.

In more recent reviews, we've discovered a promising trend: many court websites have shown significant improvement over the last two years.

If your court's website isn't helpful, check out one of these sites....

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Bankruptcy courts that do a good job of explaining procedures to non-lawyers

Here are the best of the best. Note that links go directly to the court's info for non-lawyers:

Note: As you will see if you look at several of these, most of the information you find is general and applies regardless of which court you're filing in.

However some procedures are "local" and deadlines and forms can vary from court to court.

Always confirm that you are complying with your own court's local rules and procedures.

Arizona District Bankruptcy Court

One of the best courts in the nation in providing information to non-lawyers. A model that other courts would do well to follow. Some of the information could be better organized, but it is far better than what most courts offer. The court even offers community outreach programs to explain the bankruptcy process to the general public. Reviewed 5/2/2009
main website     info for non-lawyers

California Eastern District Bankruptcy Court

The "self-service" link on the home page leads to a menu of filing information for non-lawyers. Forms are fillable. All in all, this court does a good job of providing information to non-lawyers. Reviewed 1/13/08
main website     info for non-lawyers

California Northern District Bankruptcy Court

Brand new site overhaul has transformed this court's website from one of the worst to one of the best. Essential information is clearly labeled and easy to find from the home page. The "Filing without an attorney" link is the place to start if you're going it alone. What an improvement! Reviewed March 3, 2008.
main website     info for non-lawyers

Georgia Middle District Bankruptcy Court

Much improved since last review. Now offers a guide to persons filing without an attorney, featured prominently on the front page. Although it features many shrill warnings, it does an admirable job of spelling out the deadlines and procedural requirements for a successful filing. Reviewed May, 2009
main website     info for non-lawyers

Iowa Northern District Bankruptcy Court

Straightforward navigation. Clear links, Pro Se debtor guide is a good one-stop resource for filing information. One of the best in the nation. (May 2009)
main website     info for non-lawyers

Louisiana Middle District Bankruptcy Court

One of the best courts in the nation for helping people filing without an attorney. A huge improvement since our last review. Reviewed 6/14/2008.
main website     info for non-lawyers

Massachusetts District Bankruptcy Court

Lots of warnings about filing without a lawyer, but also lots of good, helpful information about how to avoid screwing up.
main website     info for non-lawyers

Maryland District Bankruptcy Court

Features a new section for "non attorney filers" that collects all relevant information into a single menu. The filing requirements section offers a helpful list of checklists. Even includes instructions for each of the official forms, which the federal courts main site no longer provides. Be sure to check out "top ten filing mistakes". (May 2009)
main website     info for non-lawyers

Maine District Bankruptcy Court

Despite lots of warnings saying they can't help non-attorneys, they do, in fact provide a reasonably helpful menu of links to self-filers, and even say so in English. They do offer a fillable means test form.
main website     info for non-lawyers

Minnesota District Bankruptcy Court

This court went from a grade of F to a grade of A- in this most recent review (May 09). Many improvements have been made, to the point where this court does a good job presenting needed information efficiently and clearly. The info is not all that in depth, but the links are well organized. You can easily find what they have to offer. Click the "Debtor Help" tab on the main menu to get started.
main website     info for non-lawyers

Oklahoma Eastern District Bankruptcy Court

One of the first courts to offer information to non-lawyers. The "Pro Se Debtor Info" links from the home page go directly to a menu that links to information for non-attorneys on how to file, including forms and instructions about procedure. Forms page is clear and helpful. (May 2009)
main website     info for non-lawyers

Oklahoma Northern District Bankruptcy Court

Not much here, at first glance. Go to the Site Map to find anything. Decent page for filing without an attorney, once you find it. (May 2009)
main website     info for non-lawyers

Oklahoma Western District Bankruptcy Court

New interface is a bit too clever by half. Important info is buried in the menu called "Court" Click the "No Attorney" link. Once you get past that, it's pretty good. Pop up menus work very slowly and may not work on all browsers. Has a dedicated pro se counter. (May 2009)
main website     info for non-lawyers

Oregon District Bankruptcy Court

Vastly improved organziation since last review when this court got a faling grade for organization. Now it's a model. Perhaps they were listening. Once you find the information, it's actually quite good. Many of the FAQs are quite good. (May 2009)
main website     info for non-lawyers

Rhode Island District Bankruptcy Court

Redone website features a link called "SELF HELP / Pro Se" on the menu of the home page. Makes too much use of pop up menus, can be difficult to navigate, but the info is there. (May 2009)
main website     info for non-lawyers

Texas Eastern District Bankruptcy Court

Now features a special menu just for those filing without an attorney. Offers clearly organized guidance as to what to do when. (May 2009)
main website     info for non-lawyers

Texas Northern District Bankruptcy Court

Offers non-attorneys a handy complete downloadable packet of all required forms, all in fillable PDF format, but little in the way of instructions. In the "Filing Resources" section of the site, they have a special page for non-attorneys, with links to relevant info. Also has an innovative online help desk as an alterative way of getting information. (May 2009)
main website     info for non-lawyers

Texas Western District Bankruptcy Court

The website is quite well organized and important information is easily accessible, and now features a "Bankruptcy Self Service Center" which is quite useful. Well done. One of the best in the nation. (May 2009)
main website     info for non-lawyers

Utah District Bankruptcy Court

Really wacky web design and use of color. The FAQ page has links to relevant pages of the website. The Forms button has a pop up link to a special list of forms just for those who are fililing without an attorney. Nice. (May 2009)
main website     info for non-lawyers

Vermont District Bankruptcy Court

Nice clean site design. Much improved since last review. Information for debtors without an attorney are easily found on the home page. Well done. (May 2009)
main website     info for non-lawyers

Wisconsin Western District Bankruptcy Court

Still sets the standard for user-freindly bankruptcy court websites. The source of some first class, well written, crystal clear information for non-lawyers filing for bankruptcy. A model for the rest of the courts in the nation to follow. Provides links to fillable PDF forms. Well done in every respect. Taxpayers are getting their money's worth in from the Western District of Wisconsin Bankruptcy Court. It got an A+ when it was reviewed a year ago, and still gets that rating this time around. Reviewed 1/16/2008.
main website     info for non-lawyers

West Virginia Northern District Bankruptcy Court

Vastly improved since last review, when we gave the court website an "F for failing to provide much help to non-lawyers. That has changed, thanks to a new link on the home page, featured in both Latin ("Pro Se") and English ("Self Help Filing Information"). This link takes you to a dedicated page of information for self-help filers, which boils down the basics of what you need to file, with links to related resources and forms. (Be sure to download the PDF file of local rules, and especially in the Appendix to the local rules, for important information and forms.) Most of the court's site still primarily caters to attorneys and bankruptcy pros, but now, at least, the new 'pro se' page offers a place for ordinary people to find the information they need. Reviewed 1/29/2008.
main website     info for non-lawyers

How well does your court's website serve the public?

Usability Report Card for

Colorado District Bankruptcy Court

A report card on how well its website serves the tax-paying general public.

http://www.cob.uscourts.gov  

5 features all court websites should offer

1		A dedicated main menu for non lawyers
2		Filing instructions for non-lawyers
3		Home-page links to this information
4		Links worded in plain English, not Latin
5		Downloadable forms that are "fillable"

A

A

Summary

Has dedicated menu for debtors filing without a lawyer, as well as links to free legal help, and instructional clinics for debtors on how to file. Even offers Spanish language forms. Reviewed 1/13/08