California Bankruptcy Forms

BANKRUPTCY INFORMATION AND BANKRUPTCY FILINGS
Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment (sometimes for better, sometimes for worse). It is the uniform federal law that governs all bankruptcy cases.
The procedural aspects of the bankruptcy process are governed by the bankruptcy information of the Federal Rules of Bankruptcy Procedure (often called the "Bankruptcy Rules") and local rules of each bankruptcy court. This takes the form of bankruptcy forms for use in bankruptcy filing; each local District Court generally has its own local bankruptcy forms and local bankruptcy rules. The Bankruptcy Rules contain a set of official bankruptcy forms and specific bankruptcy information for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for bankruptcy filing and for dealing with the debt problems of individuals and businesses.
There is a separate federal bankruptcy court for each judicial district in the country. Each state has one or more federal districts. There are 90 bankruptcy districts (or separate venues) across the country. The bankruptcy courts generally have their own set of bankruptcy rules and bankruptcy forms for use in bankruptcy filing. Information on such bankruptcy rules and bankruptcy forms can usually be found on the "bankruptcy information" section of each courts website.
Federal bankruptcy judges have the responsibility to oversee all bankruptcy filing is the United States bankruptcy courts through local bankruptcy rules. Bankruptcy Judges issue, or approve, all bankruptcy forms and public bankruptcy information. The bankruptcy judge may decide any matter related to a bankruptcy filing, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy rules and bankruptcy process is administrative and can be conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative bankruptcy process is carried out by a trustee who is appointed to oversee the bankruptcy filing including review of all bankruptcy forms to ensure compliance with bankruptcy rules.
A debtor's involvement with the bankruptcy judge is typically quite limited. A typical chapter 7 debtor does not appear in a courtroom and will not have the occasion to see the bankruptcy judge unless an objection is raised in the case or bankruptcy rules are not being followed. A chapter 13 debtor may only have to appear before the bankruptcy judge once, at a plan confirmation hearing. Typically, the only formal proceeding at which a debtor must appear is the meeting of creditors to provide the trustee with bankruptcy information and bankruptcy forms. A 341 meeting is never held in the presence of a bankruptcy judge, bankruptcy rules prohibit it. This meeting is informally called a "341 meeting" because it is held pursuant to section 341 of the Bankruptcy Code. Bankruptcy rules require that the debtor attend this meeting after their bankruptcy filing so that creditors, the case trustee, and other interested parties, can question the debtor about debts and property and gather other necessary bankruptcy information.
A primary goal of the federal bankruptcy laws is to give debtors a financial "fresh start" from burdensome debts and the demands of creditors. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:
It gives to the honest but unfortunate debtor a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934).
This fundamental goal is accomplished through the bankruptcy discharge, which is a bankruptcy form that releases debtors from personal liability on specific debts and restrains creditors from ever taking action against the debtor to collect on those discharged debts. Unfortunately, even after bankruptcy filing, creditors sometimes fail to respect the bankruptcy rules (they are prohibited from taking any action to collect on a discharged debt) which can give rise to liability on their part if the debtor decides to pursue an action against them. McFarlin & Geurts LLP is always available to discuss pursuing such violations of the bankruptcy rules after a bankruptcy filing. Creditors simply must act in accordance with the bankruptcy forms, bankruptcy rules, and bankruptcy information in all bankruptcy filing. There are very few exceptions.