Common Court Documents Received During Your Case
We understand that the legal process sometimes looks like a foreign language to most clients.
We have created a brief overview of some of the common documents you may receive throughout this process from our office, the Court, or from creditors.
If you have additional questions about something received in the mail, please do not hesitate to contact our office.
You will find general descriptions of certain documents and they are not specific to your particular case.
Chapter 7 Cases
Chapter 7 Trustee’s Final Account and Order of Distribution
If the Chapter 7 Trustee opens up an estate to pay some of your creditors, this form is just providing info about how much was collected and paid out to creditors. You do not need to do anything.
Chapter 7 Trustee’s Final Report and Application for Compensation
If the Chapter 7 Trustee, opens up an estate to pay some of your creditors and wants to get paid for their work, this form is just providing information about how much was collected and paid out to the creditors. You do not need to do anything or pay anything. All fees are paid with the funds that have already been collected.
Claimant’s Notice of Assignment/Transfer of Claim
Sometimes creditors sell claims in the debt market. This is just alerting the Court that someone else was assigned the debt. You do not need to do anything.
Close Bankruptcy Case
Congratulations, your case is finished and closed with the Bankruptcy Court. You do not need to do anything else.
Meeting of Creditors-Chapter 7
This form is mailed to all your creditors by the Bankruptcy Court explaining all deadlines and what date your Meeting of Creditors will be held. Please mark your calendar with your court hearing date and time and note the documents that you need to bring with you to your court hearing.
Notice of Financial Management and/or Domestic Support Obligation Certificate
Once you take your second class, this is verification the Court sometimes mails out showing it was received. More common the court does not mail out notice so please give our office a call if you took your second class and wish to confirm that it was filed with the Court.
Notice of Possible Dividends
Sometimes in Chapter 7 cases a Trustee may gather your non-exempt assets to sell and use the proceeds to pay a small portion to your creditors. You are probably already aware of what this is about because you probably signed a Stipulation at your court hearing and discussed this with your attorney prior to receiving anything in the mail. This notice is informing all of your creditors that there may be funds that they may be entitled to share.
Objection to Exemption
On very few occasions, a Trustee may object to an exemption sought by our office. This means that we may need to argue the matter before a Judge as the Trustee does not have the final say as the Trustee acts a fiduciary for your creditors. Our office will be in contact with you to fully discuss this issue.
Order of Discharge
This Order is mailed by the Bankruptcy Court to all your creditors relieving you of all your dischargeable debts. Please remember, if you signed a stipulation at your Court hearing you need to follow it or this discharge can be revoked.
Supplemental Statement No Presumed Abuse
Under the new bankruptcy laws, there are very stringent requirements that must be met to file a Chapter 7 case. Sometimes the United States Trustee will challenge us on some deductions or income calculation in which a judge will decide if you are eligible for a Chapter 7. In most cases, you will be well aware that this is a possibility in advance.
Chapter 13 Cases
Application for Chapter 13 Fees and Expenses and Notice
The nice thing about a Chapter 13 is that a majority of your attorney fees can be placed in the Chapter 13 Plan. This order is just approving the fees sought. You do not need to pay these directly to our firm as they are part of your Chapter 13 plan payments.
Chapter 13 Certificate and Motion to Determine Notice
After your Chapter 13 plan goes out on notice, this form is used to tell the Court what issues need to be resolved and how we want to go about resolving them. You do not need to do anything.
Chapter 13 Plan Objections
Do not worry. In about 80% of cases we draw at least one objection to confirmation. This is normal. We know that each creditor or Trustee sometimes words the written objection in a scary way but you have nothing to worry about. Your case will not be dismissed. This objection is just an invitation to negotiate with this creditor so we can get your plan confirmed. Your attorney will explain everything at your Court hearing coming up.
Chapter 13 Plan-pdf
This is what you are proposing to pay back to all your creditors to wipe away everything else. Sometimes an Amended Plan is necessary to resolve all pending objections. Please pay careful attention to your payment schedule and any increases that may exist.
Chapter 13 Trustee Final Report and Account
All creditors have 3 months to file a Proof of Claim with the Bankruptcy Court to share in distributions in payout. This report is just letting you know which creditors actually filed documents. Not all creditors will be on this because they did not complete the paperwork. Do not worry, they are still covered in your bankruptcy! This report is just keeping you in the loop about how much will be paid to whom.
Chapter 13 Trustee Questionnaire
The Chapter 13 Trustee will mail you a card with your case number and her address and request that Questionnaire be filled out and review by your attorney. Please bring this to your court hearing and we will review it prior to your hearing and then submit it to them on that day. Please do not mail it off prior to bringing it with you to your court hearing.
Chapter 13 Trustee’s Motion to Dismiss Case
If you fall behind on your Chapter 13 Plan payments, usually the Chapter 13 Trustee will Motion the Court to dismiss your case. If you do nothing, your case will be dismissed. Please give our office a call ASAP so we can modify your plan to prevent this from occurring. If you have lost income or just fell behind by a few months we can possibly lower your payment and at the very least bring you current in a Modified Plan.
Claimant’s Notice Request
Sometimes creditors want direct notice of everything that happens in your case. You do not need to do anything. We just add them in our mailing list and keep them in the loop of all future occurrences.
Informational Notice
Some Judges have special procedures that must be followed in Chapter 13 Cases. This is just to inform our office of certain dates, times, and numbers that things must occur. You do not need to do anything.
Letter from Sally Zeman Requesting Tax Returns
Tax Returns must be provided by certain deadlines to the Chapter 13 Trustee. We will take care of this for you.
Meeting of Creditors-Chapter 13
Once your bankruptcy case is filed, notice is sent to all your creditors letting them know you are now under bankruptcy protection. They are also served with a copy of your proposed plan and they have the opportunity to object if they have a valid reason to do so. This Notice will also let you know of the date and time of your mandatory Meeting of the Creditors and will also remind you of what you need to bring to said hearing.
Minutes of Proceedings/Minute Order
When your attorney appears at a Court hearing for you in front of the Judge, the Court briefly recaps what happened. Do not worry, your attorney is already well aware of what needs to be done next.
Notice of Appearance
Even though all your creditors were notified of your bankruptcy filing, some creditors want to be carbon copied on everything we file with the Court. All creditors have this option and it is very common to request notice — especially for secured creditors.
Notice of Hearing and Right to Object (Chapter 13)
If an Amended plan is needed in your case due to objections or other various reasons, we must provide notice to your creditors allowing them an opportunity to object to the new plan. Your plan will stay out on notice until this time period expires. If no objection arise, we can move the Court for confirmation.
Objection to Confirmation/Modification of the Plan
Relax! Objections are very common and are filed in approximately 80 percent of all Chapter 13 Cases. We know the bottom paragraph sounds like they are going to dismiss your case but that is not going to happen. It is just boiler plate language that sounds a thousand times scarier than it actually is. We will fully discuss this objection with you at your Meeting of the Creditors Court hearing. Your court hearing will not deal with this at all and thus your attorney will fully discuss this with you at your hearing. Hopefully this will let you sleep better tonight!</
Verification of Confirmable Plan
Once there are no more objections pending on your Chapter 13 plan before the Court, your attorney will file this document for you saying you are substantially current with your plan payments and the plan should be confirmed. Your plan should be confirmed within a few days of this filing.
Motions
Motion For Ex Parte Relief
This is an order that the Court issues with only one party asking for something. You do not need to do anything.
Motion for Leave to File
Sometimes a deadline is accidentally missed by a creditor or us. Nothing to worry about. This order is just allowing something to be filed outside the normal deadline.
Motion for Relief From Stay and 401 Notice
If you were supposed to stay current on something like a car or house after your case was filed and you fall behind, a creditor will usually file this motion to get the item out of bankruptcy protection. If you want to keep this item, you must call our office ASAP. If you have decided it is to much of a burden to keep this item, then you need to call our office so we can modify your plan to ensure the balance is discharged in your bankruptcy. Otherwise, you are sill responsible for the debt. Usually, there is no upfront cost to modify your plan.
Motion to Avoid Lien
If there was a non-voluntary lien on your property, we can sometimes get rid of the lien. It is important to run all property records on your cars and houses and let us know of any liens. The liens are mandated to be removed after you receive your discharge.
Motion to Confirm Amended Plan
Congrats! There are no more pending objections to your plan and the Court Confirmed your plan. If you need to be reminded of your plan payments, please call our office. Also, your plan will not change unless something happens such as a decrease of income or your decide to let something go you originally wished to keep. Please call us at anytime throughout your plan duration if you wish to explore plan modification options.</
Motion to Continue/Reschedule Hearing
Sometimes a hearing is rescheduled for one reason or another. In most cases, you do not need to attend any hearings other than your Meeting of the Creditors and this is just to notify all attorneys in the case.
Motion to Determine Value of Property
If we are able to get rid of your second or HELOC mortgages, then this order says that the liens shall be removed if you make it to the end of your case. However, you must stop paying on these liens from this point forward.
Motion to Dismiss/Withdraw Document
Usually when an objection is resolved, the objecting party will withdraw its objection.
Motion to Extend Time (Bankruptcy)
If a deadline cannot be met, on some occasions a party to your case may ask for an extension of time. You do not need to do anything.
Motion to Limit Notice
Many clients have many creditors. Sometimes, if we do not think something effects all creditors and we do not want to stuff hundreds of envelopes, then we may ask the Court to limit the required notice to only those effected. This saves everyone time and money.
Motion to Reinstate Case
If your case was dismissed for some reason and we think there may be a chance to reinstate it, this is the motion to be used. It is up to the judge to say yes or no.
Litigation
26a Disclosure
This is the first step of the litigation process which puts the other side on notice of who, what, and where something may be that may effect the case.
7026f Report
This is written plan of timeframes that both sides agree to follow in the litigation process. You may want to take note of the trial dates.
Complaint
This is basically a lawsuit filed in your bankruptcy case. Within your base bankruptcy case, if a creditor wants to object to you getting rid of their debt this is the way for them to do it. Also, if we end up suing one of your creditors, we will file a complaint against them to start the litigation process.
Opposition Brief/Memorandum
If there is a legal issue that the judge must rule on, then each side will draft and file their own brief regarding their interpretation of the law.
Reply
A reply is the opposite party counter arguing an assertion made by the other party.
Response
A response is similar to an objection and is used when the opposite party counter argues an assertion made by the other party.
Status Report
Occasionally, status reports are filed to keep the court informed of the process of the case. You do not need to do anything.</
Witness List and Exhibits
If there is a contested issue that needs to be resolved, then both sides must file their Witness and Exhibit lists to be able to introduce such evidence and testimony at trial. This is so there are not surprise witnesses like you see in the movies as such things never occur in real life in bankruptcy court.
Orders
Order Approving Chapter 7 Trustee’s Stipulation for Turnover
If you signed a stipulation at your court hearing, then the court will issue an order granting the stipulation.
Order Confirming Amended Chapter 13 Plan
Congrats! Your plan is now confirmed and just continue making your payments like normal. If you do not remember when you payments increase or how long you must make your payments, please call our office. Also, if your income decreases or you decide to let something go that your originally wished to keep, we can modify your plan to possibly lower your payments.</
Order Denying Confirmation of Chapter 13 Plan
Relax! Sometimes it take many plans to achieve confirmation. Your case is not denied but rather another plan needs to be filed to make another attempt to resolve any objections or additional notice is necessary. I know some judges word this order in a confussing way but there is nothing to worry about.</
Order Discharging Debtor
Congrats! All your dischargeable debts are wiped away. You do not need to do anything.</
Order Dismissing Case
You are officially out of bankruptcy protection as your case is dismissed. If you want to file a motion to reconsider this order, it MUST be filed within 10 days of the order.
Order For Turnover-Stipulation
If you signed a stipulation at your court hearing and you did not comply with the stipulation, then the Court is mandating that you follow it or the next order will be to deny your discharge.
Order on Application for Administrative Expenses
This order grants the fee application submitted to the Court. You do not need to directly pay the fees.
Order on Application for Chapter 13 Fees and Expenses and Notice
This order grants the fee application submitted to the Court. You do not need to directly pay the fees.
Order on Chapter 13 Trustee’s Motion to Dismiss Case
You are officially out of bankruptcy protection as your case is dismissed. If you want to file a motion to reconsider this order, it MUST be filed within 10 days of the order.
Order on Motion For Relief From Stay
This Order must be taken seriously. The property in this order is no longer under bankruptcy protection and it can be repossessed or foreclosed under state law. If you are a Chapter 13, you need to modify your plan by calling our office to ensure you get off the hook for the debt. If you are a chapter 7, you do not have to worry about them trying to collect the balance but the creditor can get the item from you under state law.
Order on Motion to Approve
The Court is approving something filed with the Court. You do not need to do anything.
Order on Motion To Determine Value of Property
The Court granted your Motion to get rid of your second mortgage or HELOC when you complete your case. Remember, you do not pay this creditor during your case.
Order on Motion to Dismiss Case
You are officially out of bankruptcy protection as your case is dismissed. If you want to file a motion to reconsider this order, it MUST be filed within 10 days of the order.
Order on Motion To Extend the Automatic Stay
If you filed bankruptcy and you case was dismissed within the past year, then our office needs to ask the Court for Bankruptcy Protection. This order usually grants this request.
Order on Motion To Limit Notice
The Court is allowing us to mail something to a limited amount of creditors. Many clients have many creditors. Sometimes, if we do not think something effects all creditors and we do not want to stuff hundreds of envelopes, then we may ask the Court to limit the required notice to only those effected. This saves everyone time and money.
Order on Motion to Reinstate Case
The Court is either saying yes or no to the request to reinstate your case.
Order on Objection to Claim
The Court is telling us if a claim is allowed or not.
Order on Trustee’s Application for Compensation
Once the Trustee submits an application for fees, the Court grants their fees with this order. You DO NOT pay this as it is taken from the estate the trustee has already gathered.
Order Regarding Compliance With Rules
Occasionally, a notice period is not long enough or the court wants their specific procedure followed and will require us to refile and serve something. This has already been taken care of and you do not need to do anything.</
Order Setting Hearing
Sometimes, there may be a need to take an issue in front of the Judge to have them rule on a certain issue. Sometimes you may need to appear at this hearing and other times you do not. If you are unsure, please check with our office.</
Order to Continue/Reschedule Hearing
Sometimes a hearing will be rescheduled if there is a conflict with the Judge or an Attorneys schedule. This just alerts all parties of the new meeting time.
Order to File
Sometimes if the Court wants something filed by a certain date, this is the Order used to alert all parties when it must be done by. You do not need to do anything.
Order to Vacate
If something was scheduled for a hearing time in front of a Judge and the issue is resolved, then this alerts all parties that the hearing is no longer scheduled and it is removed from the Court calendar.
Scheduling Order
Different Judges have different policies and procedures. This order explains the differences and key dates and times. You do not have to do anything.
Notices & Misc.
9013 Notice
We must give a certain amount of time for creditors to review and object to certain motions. Each area has different timeframes and thus the creditor will have until the objection deadline to file an objection of what we are asking for in our motion with the Court. Shortly after this objection period, the Court will grant our motion if it is unopposed.
Notice of Deficiency
Occasionally, something gets filed with the Court incorrectly. Our office receives a direct notice from the court about 3 days before you receive this in the mail and it is already taken care of. You have nothing to worry about.</
Notice of Satisfaction of Claim
Once a claim is paid in full, then the creditor will file this to alert everyone that no more money is owed.
Notice of Withdrawal of Claim
Sometimes a debt is sold or transferred and the original creditor will withdraw their claim.
Notice of Withdrawal of Document
When a party has filed something that is no longer applicable or it has been resolved, they will withdraw their document with the court with this motion.
Proof of Claim
Once we file your case, all your creditors are notified and they have a few months to file a Proof of Claim where they submit under penalty of perjury what is owed to them on the day of filing. These are for your reference only and you do not need to do anything with them.
Report of Tax Return Not Provided – 521(e)
Sometime the Trustee will file this if they did not receive your full tax refund from our office. We have already taken care of it for you.
Stipulation for Turnover
If you attend your Meeting of Creditors and the Trustee wants a particular non-exempt asset from you like tax refunds, then you will receive this to remind you what you agreed to. If you do not comply your discharge will be revoked.
Trustee’s Continued Meeting of Creditors Chapter 13
Sometimes your meeting will be continued due to death or serious illness. We are required to send this out to all your creditors to alert them of the new meeting time.