Automatic Stay - Immediately after a bankruptcy case is filed, an injunction (called the "automatic stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property. Bankruptcy Code Section 362 and Local Rule 4001-1 discuss the Automatic Stay. If an individual debtor in a chapter 7, 11 or 13 case has had one prior bankruptcy case open in the year prior to the new case being filed, the automatic stay ends thirty days after the new case is filed UNLESS a motion is filed to extend the stay and the court has a hearing BEFORE the thirty days expires. If an individual debtor has had two or more bankruptcy cases open in the year prior to the new case being filed, there is no automatic stay in effect when the new case is filed. The Debtor must file a motion and have a hearing before thirty days after the case is filed to ask the court to impose the automatic stay.

Protection for the Debtor - It is important to read relevant statutes from the Bankruptcy Code and/or to consult with a competent bankruptcy attorney about the Automatic Stay because in some situations it does not apply or there is only an automatic stay if the debtor obtains a court order which imposes the automatic stay. There are many different time frames and deadlines, and creditors (such as child support services) may still take action to collect from a debtor.

Creditors Obtaining Relief from the Automatic Stay - If a creditor properly files and serves a Motion for Relief from Automatic Stay, and a bankruptcy judge grants the motion, the automatic stay will either be removed or modified so that the creditor can resume collection efforts against the debtor. Only a bankruptcy judge can grant a motion for relief from the automatic stay.

For more information, please visit the Don't Have an Attorney and the Understanding Bankruptcy pages.

a) YOU MUST COMPLETE A CREDIT COUNSELING COURSE BEFORE YOU FILE A PETITION WITH THE COURT. Read this important warning notice (Spanish) (Creole) about the consumer credit counseling course you must complete BEFORE you file your petition. For a list of approved providers of this consumer credit counseling course, you can go to the US Trustee web site.  US Trustee List of Approved Credit Counselors.

b) If you are filing without an attorney, you must present photo id when filing your petition.  See this notice for information about photo id requirement: PHOTO ID REQUIREMENT NOTICE.

Currently, pro se debtors and bankruptcy petition preparers are ineligible to register to use CM/ECF, which is the court’s electronic case filing system to file documents and receive notices electronically. However, the court now offers debtors the opportunity to request receipt of court notices and orders via email, instead of U.S. mail, through a program called Debtor Electronic Bankruptcy Noticing (DeBN). 

Creditors without counsel may become registered users of CM/ECF with limited creditor filing privileges permitting them to electronically file notices of appearance, change of address, requests for service of notices, proofs of claim, notices of transferred claims, withdrawal of claims, reaffirmation agreements, chapter 11 ballots and other papers as authorized by the court. A claimant or the claimant’s agent may file proofs of claims electronically  via an online fillable proof of claim form [see Local Rule 5005-4(B)(3)], which does not require registration in CM/ECF [ee Local Rules 3001-1(A)(1)].