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Frequently Asked Questions

  • How do I register for access to CM/ECF?

    Requests to file documents with the Court electronically are made through PACER. In general, the Court will not grant requests made by individuals who (1) are not attorneys or (2) are not representing entities (e.g., creditors). More information about this process can be found here.

  • I've forgotten my PACER user name and/or password. How do I reset it?

    The Court does not maintain user names and passwords for PACER or the CM/ECF system. To reset your PACER user name or password, visit PACER and follow the instructions for NextGen CM/ECF filers.

  • How can I enter a notice of appearance?

    To file a notice of appearance as an attorney on behalf of a party, you must first register for filing privileges in CM/ECF through PACER. If you are not admitted to the Southern District of Ohio District Court, you must seek pro hac admission before filing the notice of appearance.

  • What is an adversary proceeding?

    An adversary proceeding is a lawsuit arising in or related to a bankruptcy case, filed by a party called a "plaintiff" against a party called a "defendant." Adversary proceedings are initiated by filing a document called a "complaint" with the court to resolve both federal and state law issues. Certain types of disputes cannot be handled by motion in the bankruptcy case, but instead require an adversary proceeding. Federal Bankruptcy Rule 7001 lists certain types of actions that require an adversary proceeding.

  • What is bankruptcy?

    Bankruptcy is a set of federal laws and rules that can help individuals and businesses who owe more debt than they can pay. In bankruptcy, the person, corporation, or partnership that owes money is called the debtor. Bankruptcy permits the debtor to work out a plan to repay some or all of the debt, to liquidate assets, or to have some of the debt forgiven (“discharged”) in an effort to obtain a “fresh start”. The bankruptcy laws give the debtor protection and benefits not available outside of bankruptcy, such as requiring that creditors stop all collection efforts while the debtor is in bankruptcy, unless otherwise ordered by the Bankruptcy Court. In bankruptcy, a debtor must make full disclosure of all assets, liabilities, and other financial information.

  • I think I've been the victim of bankruptcy fraud. What do I do?

    If you suspect that your information has been used to fraudulent file a bankruptcy in your name, please contact the United States Trustee's program via e-mail at USTP.Bankruptcy.Fraud@usdoj.gov. In addition to your name, address, telephone number, and email address, include the name of the bankruptcy case, case number, and location of where the case was filed, and include how you became aware of the fraud. Please include all supporting documentation.

  • What is the Bankruptcy Code?

    Created in 1979, the Bankruptcy Code provides help for businesses or persons in financial difficulty in the form of bankruptcy chapters. Chapter 7, 11 and 13 bankruptcies are the most commonly filed chapters. The Bankruptcy Code is available at legal libraries and online.

  • Who is the United States Trustee?

    The United States Trustee (UST) is part of the United States Department of Justice and is separate from the Court. They are a "watchdog" agency charged with monitoring bankruptcy cases, appointing and supervising all trustees, and identifying fraud in bankruptcy cases. Among other things, the UST is involved in reviewing bankruptcy petitions, reviewing pleadings filed in cases, participating in many case proceedings, and filing motions to dismiss or convert in certain bankruptcy cases. They do not administer specific cases. The trustees, whom they appoint, administer the cases.

    The UST can give you information about the status of a case, but cannot give legal advice. If you are having problems with a case trustee, or have evidence of fraud in a case, you may contact the UST. More information about the UST can be found on their website: U.S. Trustee Program - Region 9 | United States Department of Justice.

  • What is a bankruptcy trustee?

    A trustee is assigned in all Chapter 7, 12, and 13 cases and some Chapter 11 cases. They are appointed by the U. S. Trustee and are generally, but not always, lawyers. A trustee works on behalf of the bankruptcy estate and all of its creditors. Their fees come out of the bankruptcy case filing fee or from the money collected in a bankruptcy case. The trustee is not the debtor's attorney and does not represent the debtor.

    The trustee's job is to administer the bankruptcy "estate" to make sure creditors are treated as anticipated by the Bankruptcy Code. The trustee can require that a debtor, under penalty of perjury, provide information and documents for review before, during, or after the meeting of creditors. The trustee presides over the meeting of creditors, and files a report of findings in the bankruptcy. In Chapter 7, the trustee may collect and sell non-exempt property, and pay out money on a percentage basis to creditors who have filed a claim. In chapters 12 and 13, the trustee receives the plan payments, and makes payments to the creditors based on the approved plan. Failure to cooperate with the trustee is grounds for a debtor's discharge to be denied.

  • What is credit counseling? What is personal finance management instruction?

    "Credit counseling" is a class session taken from a provider approved by the U.S. Trustee. It is a requirement for all individual debtors filing bankruptcy, and must be completed in the 180-day period before filing bankruptcy. When filing jointly, each spouse must complete credit counseling. When the counseling session has been completed, the counselor will issue a certificate that must be filed with the court. The failure to file a properly issued "Certificate of Credit Counseling" may result in the dismissal of your bankruptcy case.

    "Personal financial management" instruction, also called "debtor education," is obtained after your case has been filed. It is required of each individual debtor, including both spouses in a joint case. Each debtor must then file the certificate in the case. Approved debtor education providers are also available from the U. S. Trustee.

    Exceptions to the above requirements might be available in certain circumstances. Examples would include but not be limited to: prior military service in a combat area, disability, handicap, certain defined emergency situations, or insufficient approved agencies.
     

  • What are exemptions?

    Exempt assets are protected from distribution to your creditors by state law.  Bankruptcy exemptions for the state of Ohio and the dollar amounts of those exemptions are listed in Chapter 2329 of the Ohio Statute.  Typically, exempt assets include jewelry, vehicles up to a certain dollar amount, the equity in your home up to a certain amount, and tools of the trade.

  • What is a meeting of creditors?

    The meeting of creditors, which is also sometimes referred to as a "341 meeting," is a meeting all debtors must attend after filing their case. If the case involves spouses filing jointly, both spouses must appear. The primary purpose of this meeting is to provide an opportunity for the trustee to question the debtors under oath about their bankruptcy petition and schedules. Creditors may also join to ask questions.

    The debtor is required to answer questions under penalty of perjury (swearing or affirming to tell the truth) about the debtor's conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case or the debtor's right to discharge. For more information, visit the U.S. Trustee Program’s “Section 341 Meeting of Creditors” site.

  • What is a reaffirmation agreement?

    A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise-dischargeable debt.

  • What is a motion?

    A motion is a written formal statement in which the party who is requesting relief, the movant, sets forth their grounds for the relief requested. An order may be entered granting or denying the relief requested in the motion.
     

  • What is a certificate of service?

    A certificate of service is a written statement that you have mailed or delivered a copy of a filing to all interested parties. The certificate must list the name and address of each person and attorney being served with the filing.

  • What is a discharge?

    A discharge releases individual debtors from personal liability for most debts. A discharge also prohibits the creditors owed those debts from taking any collection actions against the debtor. Find more information on a bankruptcy discharge.

    Please consult an attorney if you have questions about your discharge.
     

  • What is eSR?

    eSR is an tool to help an individual prepare a chapter 7 or chapter 13 bankruptcy petition for filing online. Find out more information about the general process here.

  • Can attorneys or bankruptcy petition preparers use eSR?

    No. Attorneys are required to register for electronic filing pursuant to Local Bankruptcy Rule 9010-1(b). Documents prepared by a bankruptcy petition preparer must be filed at the  Court’s intake counters or via mail and must be accompanied by the requisite documents disclosing a bankruptcy petition preparer was used.

  • Are there computer requirements for using eSR?

    You must have an Internet-enabled computer with the pop-up blockers disabled. You will also need Adobe Reader, version 8 or higher. It is recommended that you use the latest version of Firefox, Edge, Chrome, or Safari.

  • Is there a cost to use eSR?

    While you must pay the required filing fee for a Chapter 7 or Chapter 13 case, there is no additional cost to use eSR to submit your petition to the Court.

  • How many days do I have to work on my eSR petition after starting it?

    If you do not finish your petition and wish to save your progress, you may do so and return to complete and submit the petition later. When you return, click the "Continue a Petition Package" tab at the log in screen. However, if you do not log into the eSR portral for more than 45 days, your progress may be lost.

  • What happens after I submit my eSR petition?

    After submitting your petition, you will receive an email confirming the electronic receipt of the bankruptcy petition submitted to the Court. The bankruptcy petition will not be officially filed, and a case number will not be assigned until the items listed on the confirmation email have been received by the Bankruptcy Court.

  • Can I amend my eSR petition after submission?

    Yes. Please contact the Court directly to have an eSR petition package returned to you. You will receive a confirmation e-mail when the petition package has been returned. When your modifications have been made, you may resubmit it to the Court.

  • I submitted my eSR petition and would like to waive the filing fee, or pay it in installments. How do I do this?

    An application to waive the fee (applicable only in chapter 7 cases), or pay it in installments, may be filed after your eSR petition is submitted. To do so, complete and sign the appropriate form and include the document with your Declaration Regarding Electronic Filing when it is presented (or mailed) to the Court.

  • Can the case filing fee be waived?

    Yes, but only in individual Chapter 7 cases. To be eligible for a fee waiver, you must (a) have income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services applicable to a family of the size involved; and (b) be unable to pay the filing fee in installments. If you believe you are eligible for a fee waiver you must file the Application to Have the Chapter 7 Filing Fee Waived at the same time as the petition.

  • Can the Clerk's Office help me prepare forms?

    No, pursuant to 28 United States Code § 955. A bankruptcy case is a legal proceeding affecting the rights of debtors, creditors and other parties in interest.  Pursuant to 28 U.S.C. § 955, the clerk’s office staff is prohibited from giving information which may be characterized as legal advice or assisting with preparation of the forms.

  • How can I get a certified copy of a document from the Clerk’s Office?

    Copies requests can be made through the website by submitting a copy request. When requesting a copy, indicate that you would like it to be certified. Additional fees will apply.

  • How do I get copies of documents from a case?

    The easiest way to obtain electronic copies is by completing a copies request online.You can also get copies of a document on the web if you have a PACER account or, if you would like paper copies, by visting the Clerk's Office.

  • Does the Court report my bankruptcy to credit bureaus?

    The Bankruptcy Court does not report any information to credit reporting agencies. The Clerk of the Court has a statutory obligation to maintain an accurate record of all filings. Once a case is filed, that case becomes part of the Court’s permanent records. With few exceptions, filings in the Court are public records. This means any person or organization can view them, whether at the courthouse or through the Public Access to Court Electronic Records (PACER) system. The PACER system is the most common way credit bureaus access information regarding debtors and their bankruptcy cases.

    Please be advised that the Court has no control over what credit bureaus view on the PACER computer system and has no control over what credit bureaus do with the information they obtain through a public records search on the PACER computer system.

  • Can the Court correct my credit report?

    Credit reporting agencies are solely responsible for the accuracy of information they collect from public records. The Court (1) does not verify any information reported by credit reporting agencies; (2) does not have any control over credit reporting agencies; and (3) cannot do anything to change a credit report. Disputes about information on your credit report must be directed to the credit reporting agencies. The primary credit reporting agencies are:

    Complaints about credit reporting agencies are processed by the Federal Trade Commission.

  • My bankruptcy case is closed, discharged, or dismissed. Why is it still appearing on my credit report?

    Regardless of the disposition of a bankruptcy case (e.g., open case, closed case, discharged case, dismissed case), credit reporting agencies are authorized to report bankruptcy cases up to ten years after the filing of the case. Consumers do not have to contact a credit reporting agency to have a bankruptcy case removed from a credit report. The credit reporting agency should automatically remove the bankruptcy case from the credit report after the ten-year period. See 15 U.S.C. § 1681c.

  • Can you give me written confirmation that the Court does not report to the credit bureaus?

    The Court provides a letter to debtors stating this exact information. If you would like written confirmation, download the Letter re: Credit Reporting Agencies.