Useful Information for Debtors Without Attorney Representation (Pro Se)
- The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires individuals filing under chapter 7
Bankruptcy Terminology
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. and 13 must receive an approved credit counseling briefing in order to be eligible to file a bankruptcy case. The court is restricted from granting dischargeBankruptcy Terminology
discharge: A release of a debtor from personal liability for certain dischargeable debts. (A discharge releases a debtor from personal liability for certain debts known as dischargeable debts (defined below) and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.) to debtors who are required, but have failed, to complete an instructional course in financial management.
- Pro se debtors (debtors without attorney representation) must present a valid State of Texas Driver's License or State of Texas ID Card, Social Security Card and B21 - Statement of Social Security Number(s) at the time of filing. If you do not have a Social Security Card, contact your local Social Security Office. Locations, phone numbers, and office hours for the Social Security Office are available at: www.socialsecurity.gov or 800-772-1213.
- All schedules, statements and any papers submitted for filing should be submitted on a clearly labeled diskette or CD-ROM. The diskette or CD-ROM label should contain the debtor
Bankruptcy Terminology
debtor: A person who has filed a petition for relief under the bankruptcy laws. (s) name and address. All documents should be in PDF format except for the mailing matrix which should be in text format. The Voluntary Petition, Pages 1, 2 and 3, must also be submitted in paper format with an original signature. Please refer to the Administrative Procedures and the User Manual for more information on filing papers.
- If you cannot afford to pay the full fee at the time of filing, and you are an individual (or individual-joint) filing a chapter 7
Bankruptcy Terminology
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. or 13 case, you may apply to pay the fee in installments. Form BTXN006 - Application To Pay Filing Fee In Installments, which is available from the bankruptcy clerk's website, www.txnb.uscourts.gov, must be completed to make that application. If your application to pay in installments is approved, you will be permitted to file your petition, completing payment of the fee over the course of three months.
- If you cannot afford to pay the fee on a chapter 7
Bankruptcy Terminology
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. case and you are an individual (or individual-joint) either in full at the time of filing or in installments, then you may request a waiver of the filing fee. Form Chapter 7 Fee Waiver Application (Official Form 3B), which is available from the bankruptcy clerk's website, www.txnb.uscourts.gov, must be completed to request a fee waiver. A judge will decide whether you have to pay the fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. You may obtain information about the poverty guidelines at http://aspe.hhs.gov/poverty/.
Required information. Complete all items in the application, and attach requested schedules. Sign the application on the last page. If you and your spouse are filing a joint bankruptcy petitionBankruptcy Terminology
bankruptcy petition: A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.) , you both must provide information as requested and sign the application. - The court will accept cash, money orders, bank cashier's checks, and traveler's checks from debtors. Personal checks, two-party checks, and postdated checks will not be accepted. Money orders, cashier's checks, and travelers checks must be made payable to Clerk, U.S. Bankruptcy Court. Exact change is required for all fees as no change will be given. The filing fee is due at the time of filing according to L.B.R. 5081.1.
- Pro Se Debtors are expected to adhere to the bankruptcy code
Bankruptcy Terminology
Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. and rules, the court's local rules and procedures and all the applicable clerk's office and court imposed deadlines. Failure to do so may result in your case being dismissed. If a petition preparer presents your case for filing, a copy of the petition preparer's driver's license or State of Texas ID Card is required. The petition preparer must complete and sign the related section of the petition. A Declaration and Signature of Non-Attorney Bankruptcy PetitionBankruptcy Terminology
bankruptcy petition: A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.) Preparer (Form 19A) and Notice to DebtorBankruptcy Terminology
debtor: A person who has filed a petition for relief under the bankruptcy laws. by Non-Attorney Bankruptcy PetitionBankruptcy Terminology
bankruptcy petition: A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.) Preparer (Form 19B) must also be filed.
- The Fifth Circuit has clearly held on multiple occasions that a corporation cannot appear in federal court unless it is represented by an attorney. See Southwest Express Co. v. ICC, 670 F.2d 53, 55 (5th Cir.1982); Donovan v. Road Rangers Country Junction, Inc., 736 F.2d 1004, 1005 (5th Cir.1984) (per curiam). If a chapter 7
Bankruptcy Terminology
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. corporate case is not represented by an attorney, the U.S. TrusteeBankruptcy Terminology
trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. will, in all likelihood, file a motion to dismiss the case.
WHAT YOUR SIGNATURE MEANS
If you are a debtorBankruptcy Terminology
debtor: A person who has filed a petition for relief under the bankruptcy laws. , your signature on the petition and statements and schedules constitutes an oath that the information is accurate and complete. The Bankruptcy CodeBankruptcy Terminology
Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. provides serious penalties for false statements (see section 727(a)(4)(A). Title 18 of the United States Code (Crimes and Criminal Procedure) section 152 also makes it a crime to knowingly and fraudulently omit property, make a false oath or account, or make a false declaration or verification. If you are a creditorBankruptcy Terminology
creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
U.S.C. section 152 makes it a crime to knowingly and fraudulently present a false claimBankruptcy Terminology
claim: A creditor's assertion of a right to payment from a debtor or the debtor's property. .
DO I NEED AN ATTORNEY?
While it is possible to file a bankruptcy case pro se, i.e. 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.
If you are representing yourself without the benefit of an attorney, you are known as a Pro Se Litigant. "Pro Se" is a Latin term meaning "for yourself". As a pro se litigant, you enjoy every right entitled to you under the law. You need not worry if you have had little or no experience with the courts before. However, pro se litigants are expected to follow and abide by the rules that govern the practice of law in the Federal Courts. Pro se litigants should be familiar with the United States Bankruptcy CodeBankruptcy Terminology
Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. , the Federal Rules of Bankruptcy Procedure and the Local Rules of this court.
CONTACTING A JUDGE
You are prohibited from contacting a judge. Federal Bankruptcy Rule 9003 prohibits parties from "ex parte" meetings or communications with the court concerning matters affecting any particular case or proceeding. "Ex parte" means one party, without notice to or argument by any person adversely affected or interested. For example, a telephone call directly to the judge would be a prohibited ex-parte contact. Similarly, a letter to the judge, without copies to opposing parties, would be a prohibited ex-parte contact.