Essential Court Info: Forms, Local Rules, Info for Non-Attorneys | Dealing w/ Legalese | Courthouses | CM/ECF? | Hall of Fame | More Help
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CourthousesEurekaThe Eureka Post Office & Courthouse Serving Counties: (Santa Rosa District) Del Norte, Mendocino, Humboldt, Napa, Sonoma, Marin and Lake OaklandU.S. Bankruptcy Court Serving Counties: Alameda and Contra Costa SalinasUnited States Bankruptcy Court Serving Counties: (San Jose District) Santa Clara, Santa Cruz, Monterey and San Benito. San FranciscoU.S. Bankruptcy Court Serving Counties: San Francisco and San Mateo San JoseUnited States Courthouse, Room 3035 Serving Counties: Santa Clara, Santa Cruz, Monterey and San Benito. Santa Rosa99 South "E" Street Serving Counties: Del Norte, Mendocino, Humboldt, Napa, Sonoma, Marin and Lake
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) Dealing with "legalese"Why don't (some) bankruptcy court websites speak plain English?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. 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....Bankruptcy courts that do a good job of explaining procedures to non-lawyersHere 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
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Information You Will Need from the Court
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California Northern District Bankruptcy Court
Chapters
6 and 7 of 
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.
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can provide you an affordable repayment plan -- and let you keep your house, car and other propertyHelp Topics
What
is CM/ECF
This term refers to "Case Management/Electronic Case Filing."
This an "electronic filing" procedure that only applies to attorneys.
If you are filing for bankruptcy without an attorney (also known as filing 'pro se'), you can safely ignore all the warnings about "mandatory CM/ECF" -- you are not required to file electronically.
If you are an attorney, don't worry. This procedure is not as complicated
as it sounds. In most districts, it basically means that the forms
must be saved as PDF files and submitted in a specified manner.
Am
I required to file electronically?
Many court web sites have prominent references to "mandatory" electronic filing or "mandatory ECF." Do not be alarmed. You are not required to file electronically, unless you are an attorney.
It is true that, in most courts, attorneys must now file all documents and forms electronically, and they must take training on how to file electronically with the court. However, by law, that rule does not apply to individuals filing without the help of an attorney. If a court clerk tells you otherwise, they are incorrect. Ask to talk to their supervisor to clear up the matter.
In most cases filing electronically is not all that technologically
challenging. In many districts, it simply means filing the documents
in PDF format.
What
does "pro se" mean?
If you're filing for bankruptcy without the help of an attorney, follow all links that use the term "pro se." "Pro se" (pronounced 'pro-SAY') is the Latin term for people handling their own legal matters without a lawyer.
Many courts (as if to make things harder for
non-lawyers) provide information for such persons by
using this Latin term, rather than plain-English. The more service-oriented
courts labeled such information with links like "Filing without
an attorney." Courts that aren't as helpful tend to hide such
information behind a link called "pro se information" or "pro
se filers."
What
does "pro bono" mean
"Pro bono" is a Latin term that refers to lawyers who are willing to provide assistance for free. Bar associations like to talk about the fact that lawyers do 'pro bono' but, in fact, very few actually do, and the need for legal services is far greater than the amount of pro bono help available. Nevertheless, some court websites will direct you to pro bono services instead of simply providing the information you need.
Pro bono services can be uneven. Some can be excellent while others
may be done by lawyers with little expertise in bankruptcy law. If you read
a good book on how to file for bankruptcy before you meet with your
pro bono lawyer, you will be better able to gauge their knowledge of bankruptcy law.
Will
the court staff explain the filing procedure to me?
To some extent, yes, but it depends on the court.
Some courts are quite willing to help non-attorneys and will give you a packet of information that explains the filing procedure in detail, and in plain English.
Other courts are quite hostile to debtors attempting to represent themselves and will make it a point not to help you at all.
The difference between courts can be dramatic, as evidenced by the wide range of difference between various court websites.
See the "court ratings" section on this page. The list of courts that "get it" provide helpful information to non attorneys.
If the staff at your court tells you that they can't offer you any help, you may wish to refer them to the websites of these other bankruptcy courts that manage to provide ample help the general public.
Wisconsin Western District Court - "Filing Without an Attorney"
Maryland District Court - "Non-Attorney Filers
North Carolina Eastern District Court - "Helping you Help Yourself" (does not load properly on a Mac).
Oklahoma Eastern District Court - "Filing Without an Attorney"
California Eastern District Court "Self Service Center"
What
is a 341 Hearing?
A 341 hearing is the so-called "creditors meeting" that every bankruptcy filer must attend shortly after you file your bankruptcy papers.
For many filers, this will be your only trip to the courthouse. This is when you meet with the bankruptcy trustee appointed to your case, and are asked questions about the information you have entered on your forms.
Most court websites post schedules of 341 hearings, and when you file, you will be notified of your hearing date. When you show up for your hearing, you will find that many other people have hearings set for the same day. You sit wait for your name to be called.
This is also the time when creditors can ask questions about your papers, and objections to your filing may be raised by creditors.
See the Products & Services page for a podcast about what happens at a 341 meeting. Also, the book How to File For Chapter 7 Bankruptcy has information about what to expect at your 341 hearing.
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.
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The 2009 Poverty Guidelines for the
48 Contiguous States and the District of ColumbiaPersons in family Poverty guideline 1 $10,830 2 14,570 3 18,310 4 22,050 5 25,790 6 29,530 7 33,270 8 37,010 For families with more than 8 persons, add $3,740 for each additional person. 2009 Poverty Guidelines for
AlaskaPersons in family Poverty guideline 1 $13,530 2 18,210 3 22,890 4 27,570 5 32,250 6 36,930 7 41,610 8 46,290 For families with more than 8 persons, add $4,680 for each additional person. 2009 Poverty Guidelines for
HawaiiPersons in family Poverty guideline 1 $12,460 2 16,760 3 21,060 4 25,360 5 29,660 6 33,960 7 38,260 8 42,560 For families with more than 8 persons, add $4,300 for each additional person. SOURCE: Federal Register, Vol. 74, No. 14, January 23, 2009, pp. 4199–4201
- 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")
How well does your court's website serve the public?Usability Report Card for theCalifornia Northern District Bankruptcy CourtHow well does its website serve the general public? http://www.canb.uscourts.gov |
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5 features all court websites should offer
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| Provides non-lawyers information they need | A+ |
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| Information is easy to find | A |
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SummaryBrand 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.
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