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Bankruptcy District Court

Bankruptcy District Court questions and answers

Find information on Bankruptcy District Court at the number 1 bankruptcy information site online, Bankruptcy Says Uncle

Q: What Bankruptcy Court District does Riverside, CA fall into?
I'm in Texas - it would be a long drive to visit. I think it is Central because it is near Los Angeles. Thanx

A: United States Bankruptcy Court for Central District of California RIVERSIDE United States Bankruptcy Court - Central District of California 3420 Twelfth Street Riverside, CA 92501-3819 Hours: M-F 9:00 a.m. to 4:00 p.m. General Information: (951) 774-1000 Job Hotline: (213) 894-3129 VCIS: (213) 894-4111 (866) 522-6053

Q: in the united states bankruptcy court for the district of delaware??
in the united states bankruptcy court for the district of delaware. chapter 11. what means this letter? its regarding to a place that i'v worked earlier.what do i need to do? if anyone knows please answer.

A: Well, your english is not great, so I am not sure I understand the question...but most likely they are notifying you that a former employer has filed for bankruptcy and included either your 401k or some other money they owed you in the bankruptcy. They notice allows you to come to the court and contest the bankruptcy in order to recoupe some of the moneies they owe you.

Q: what are the proper functions of the supreme court, us court of appeals, u.s. district court, bankruptcy court


A: Supreme Court: Created in Article III of the Constitution, the Chief Justice and eight associate justices of the Supreme Court hear and decide cases involving important questions about the interpretation and fair application of the Constitution and federal law. Cases typically come to the Supreme Court as appeals to decisions of lower federal and state courts. US Court of Appeals: Each of the 12 regional circuits has one U.S. court of Appeals that hears appeals to decisions of the district courts located within its circuit and appeals to decisions of federal regulatory agencies. The Court of Appeals for the Federal Circuit has nationwide jurisdiction and hears specialized cases like patent and international trade cases. US District Court: Considered the trial courts of the federal judicial system, the 94 district courts, located within the 12 regional circuits, hear practically all cases involving federal civil and criminal laws. Decisions of the district courts are typically appealed to the district's court of appeals. US Bankruptcy Court: The federal courts have jurisdiction over all bankruptcy cases. Bankruptcy cannot be filed in state courts. The primary purposes of the law of bankruptcy are: (1) to give an honest debtor a "fresh start" in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment. http://usgovinfo.about.com/blfedcourts.htm

Q: If my federal court bankruptcy judge ordered a debt be discharged,can a local district court rule otherwise?


A: Federal overrides State which overrides Municipal.

Q: Doea anyone know the settlement terms for U.S. Bankruptcy Court, District of Nevada, case # 97-20555 GWZ?
This case was regarding pre-paid package holders that purchased vacation packages for Vegas World when it got bought out by Stratosphere. Does anyone know the settlement terms and whether the gambling monies promised to the package holders will be honored by Stratosphere?

A: Check the link below, especially the Tender Offer statements. The last link is for the actual filing.

Q: Can a civil case be tried in bankruptcy court?
We had a district court case get shifted to the bankruptcy court. We are the plaintiff in a bankruptcy conversion suit. We would like to keep it as a separate case and not get combined with the regular trustee adversary suit. Is this possible?

A: There are a lot of variables here, but the probable answer is while technically yes, practically no. The district court will be loath to take a case back it has referred without a really compelling reason.

Q: What is the citation and paper format for a brief in the US Bankruptcy Court for the Southern D. of Florida?
United States Bankruptcy Court Southern District of Florida. The rules on their website do not suggest citation format or formatting except for forms. This is for a supplemental brief.

A: The above will give you the rough format for documents, however, for citation format you need to refer to the Bluebook. The federal courts use classic bluebook style for citations.

Q: can you file an order nunc pro tunc in bankruptcy court?
I filed Bankruptcy pro se with the help of a co worker who was studying to do such on the side. A couple of my creditors were left off unintentially. I know in District court application and order nunc pro tunc are legal I just don't know if they apply in bankruptcy.

A: If your case has not been discharged you should be able to file an amendment to schedules ($26). You may be able to download the schedule from the courts website. I think nunc pro tunc will only apply to motions and applications.

Q: Who has filed a bankruptcy in U.S. Bankruptcy Court from San Pedro, Ca that faces foreclosure on home?
I am interested in purchasing a 2/3 bedroom home in San Pedro, Ca. from someone that is facing a foreclosure action- Home must qualify under Veterans Association guidelines and financing requirements- willing to negioate reasonable assumption of lending agreement with mortgage company holding title and owner who has filed for bankruptcy protection in U.S. Bankruptcy Court, Los Angeles Southern District-and arising out of San Pedro, Ca.

A: I would contact a Realtor who specializes in foreclosure properties. That should expedite your search... Regards, Joe Ballarino http://www.JBnaples.com

Q: what does a judgement in district court mean?
we recently had a foreclosure happen on a business real estate we owned. the bank has issued a judgment in district court. i just spoke with my banker, she told me to look it up. does it mean they can attach to our bank accounts? we are going to file bankruptcy as soon as we can afford to. does anyone know what this really means as far as the immediate action the bank can take against us. thanks

A: Mag is correct....but there are complications to her answers. Being that this is a foreclosure it's going to give them more avenues to collect. But you said this was on "business real estate".....is it owned by the business or by you personally? Generally, once they have taken you to court, the judge issued a "judgment" which means that they judge has declared the bank the winner in their lawsuit and they may begin to attempt to collect their money in whatever legal manner is available to them. With the foreclosure they will sell the property and apply the proceeds to the amount you owe. They will then come after you for the remainder. Again, filing bankruptcy will offer you protections, but you will most likely have to lose the business property. I don't have enough info to properly advise you on how to proceed.

Q: If a civil judgement was entered in Michigan in a district court, and i moved to another state, will it follow?
Also, would filing bankruptcy nullify the judgement?

A: Yes the judgment can be enforced in another state, but the person would have to go into court in the new state to enforce the judgment and enforcement would be based upon the current states laws not the state of Michigan Usually a BK will wipe out a civil judgment

Q: When is the automatic stay lifted in denied bankruptcy?
I am a creditor in a Chptr 7 bankruptcy that was denied 12/25. When is the automatic stay lifted so that I can move forward with my lawsuit, which was filed prior to the filing of bankruptcy? As part of this bankruptcy, there is an adversary proceeding that does not involve me and is now on appeal. However, a Chief bankruptcy judge and a district court judge in Texas have both denied him a discharge. When is the automatic stay lifted? And can you site the statute for me to pass to my civil attorney? He owes me over 200K so I want to move forward with my lawsuit ASAP. I prefer only answers from people who actually KNOW, not from people guessing or making snide remarks; otherwise, it's no help to me and only makes you look like a fool. Civil attorneys generally do not know a lot about bankruptcy litigation. Filing bankruptcy and litigating bankruptcy are two totally different things, Kat.

A: The bankruptcy court sends out a notice to you, just as you received your automatic stay as a creditor. Did you attend the creditors meetings? Was it secured and did you get a reaffirmation agreement?

Q: what are the consequences for filing and obtaining a judgement in smll claims court during a bankruptcy?
small claims judgement filed against me while i was in a chaper 7 b.k. in califor central district. judgement creditor refuses to inform credit bureaus that it has been discharged in b.k.

A: The date you file Chapter 7 Bankruptcy is the date any legal debt claims(except IRS) must stop. Any claims against you must be passed by the Bankruptcy judge for approval. This is easy, if this judgment was obtained during the time between your filing date and your discharge date, and the debt was listed in your bankruptcy, you can write the court where the judgment was located and the credit bureaus and demand the removal from your credit report. If the judgment creditor refuses to stop attempting to collect a discharged debt you can threaten legal action. You should have some information in your discharge papers to explain this. Good Luck

Q: Is Bankruptcy court open to public?
I recently filed for individual bankruptcy under chapter 7. I received my NOC yesterday with my court date/meeting of creditors. My immediate family knows that I have filed ... it's not a secret but I was disheartened when I had told my parents and siblings that I had finally received my court date and they proclaimed they were going. Please tell me that the court is not open for public. I told them I do NOT want them going with me but they said they want to see it firsthand. I'm hoping that there is a law that bankruptcy proceedings are closed to the public. I'm in Michigan ... Eastern District if that helps. Thanks

A: Bankruptcy, civil, federal, family, etc, otherwise (US Courts) are all open to the public. 1. You do not have to ask people to go with you if you would rather not have them go. 2. I certainly would not be discussing adult matters (example: any court preceding) with children. 3. Millions of people are in your same boat. 4. I hope you have legal counsel representing you. Good Luck!

Q: Bankruptcy Reopening?
Can a district court in the state of New Mexico mandate that a plaintiff in a civil lawsuit must reopen Plaintiff's bankruptcy that was favorably decided to Plaintiff and closed out in 2005? I think not but I'd like to know the legalese reason. Thanks! (I think it's because a New Mexico judicial district court has no jurisdiction over a federal bankruptcy court located in Florida--Am I Right? Please explain.) Thanks!

A: I use to work for a BK law firm for many years, and I have never heard of this happening. The only reason I could see something like this happening is if there was some sort of fraud committed. Even then, it would not be opened by the Plaintiff, but by those and the court who is investigating the fraudulent complaint.