If I am an individual debtor, how long after filing bankruptcy will I be issued a discharge?
Individual Chapter 7 debtors are eligible to receive a Chapter 7 discharge at the expiration of the period for a party to file a complaint objecting to the entry of such a discharge. Such complaint must be filed no later than 60 days following the first date set for the first meeting of creditors (generally speaking, about 120 days after the filing of the case) however, the period may be extended by the Court for cause on the motion of any party in interest and after hearing on notice.
At the end of the 60-day period or as may be extended by the Court beyond such date, the Court will issue an order granting the debtor a discharge unless: the debtor is not an individual, a complaint objecting to the discharge has been filed, the debtor has filed a waiver of discharge under §727(a)(10), or a motion to dismiss pursuant to §707(b) is pending. For all individuals filing for Chapter 7 relief on or after October 17, 2005, completion of an instructional course in personal financial management is also required.
The entry of a discharge order, however, does not preclude the Court from subsequently determining the dischargeability of a particular debt if a creditor has timely requested such a determination.
For Chapter 13 debtors, the Court grants the discharge as soon as practicable after the debtor completes all payments under a confirmed Chapter 13 plan and creditors have been given an opportunity to object.
Do you accept faxed filings or transmit faxed copies?
How may I obtain a certified copy of a document?
You may obtain a certified copy of a document from the Bankruptcy Clerk's office in any division (Beaumont, Plano or Tyler). Please check the fee schedule for certification and copy fees. You may also submit a written request by mail, accompanied by the required fees per document requested. If payment is submitted by the debtor, it must be in the form of cashier's check or money order. Other parties may also pay with a personal check.
How should I submit Chapter 13 plan payments?
Plan payments may only be made to the Chapter 13 Trustee assigned to your case, and are not accepted at the Bankruptcy Clerk's office.
For Tyler/Marshall divisions and Beaumont/Lufkin divisions:
P.O. Box 734
Tyler, TX 75710
For Sherman/Texarkana divisions:
Standing Chapter 13 Trustee
Janna L. Countryman
P.O. Box 628
Tyler, TX 75710
How do I obtain a copy of my discharge order?
Within a week from the date of discharge, you will receive a paper copy of your discharge order in the mail. If this copy is misplaced, you can obtain an additional copy of the order from any of the three divisional offices if the order was issued after June 1, 1998. If the order was issued prior to June 1, 1998, the copy will need to be obtained through the Federal Records Center (online services link).
Regarding training on CM/ECF, what should I do when support staff leaves my firm?
Contact the appropriate person at the court where you file for further instruction and possible training opportunities.
When filing electronically, what should be done if the document needing to be filed is not listed in the pick list?
Run the event search option from the main menu to find the document closest related to what you are trying to file. Only after exhausting this search would you select a generic event, i.e. generic motion. If you still have questions, please call the Clerk's Office for assistance
How do I get the Bankruptcy removed from my credit report?
The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters.
You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems. For information on credit practices, contact (202) 326-3224.
How can I get the duplicate fee refunded if I accidentally file a pleading twice?
When a pleading is erroneously filed in duplicate, the filer should send an email to "firstname.lastname@example.org" listing the debtor(s) name, case number, attorney name, fee amount and reason why the fee should be refunded.