Other Bankruptcy Questions
What is an Ex Parte matter and how do I file for it?
The term "ex-parte" simply means without notice. An ex parte matter is any motion or request for relief where the requestor wants the court to grant relief without giving notice to all interested parties. Ex parte relief is seldom granted and is generally limited to requests for hearings on shortened time, or to other special circumstances where there is some justification for not having to give notice to all interested parties.
Where do I get a copy of your court’s Local Rules?
How do I get a matter scheduled for hearing?
The Clerk’s office schedules matters for hearing upon direction from the Bankruptcy Judge. To determine if a matter has been scheduled, please visit our court calendar page.
Can I attend a Bankruptcy Court hearing by telephone?
Attendance at hearings by telephone is generally permitted unless another party to the proceeding objects. The local rule addressing this matter is contained in LBR 9074-1. Individuals wishing to appear at a hearing by telephone must notify the courtroom deputy prior to the hearing to request telephonic attendance. When asking for a telephonic appearance, a party must provide the courtroom deputy with the case number, day and time of hearing, and a contact phone number where the party can be reached. Since many hearings are scheduled at the same time, the party participating by telephone must remain available at the number given until the Court places the call.
What if I don't agree with an order that is entered by the court?
You may do one of two things within fourteen (14) days of the entry of the order. You may either file a Motion for Reconsideration of the matter before the Bankruptcy Court, or you may file a Notice of Appeal (Form 17) of the order and pay the applicable filing fee. Both documents must be filed with the Bankruptcy Court within 14 calendar days of the date the order or judgment is entered on the Bankruptcy Court’s docket. Appeals are automatically referred to the First Circuit Bankruptcy Appellate Panel (BAP), unless the party filing the appeal also files an election to have the appeal be heard instead by the Rhode Island U.S. District Court The appellant's election to proceed in the U.S. District Court must be made on a separate document using Local Bankruptcy Form S, and must be filed at the same time the appeal is filed. If the party filing the appeal does not desire to have the appeal heard by the U.S. District Court, other parties to the appeal (the appellees) may opt to do so, but there are time limitations on when this can be done. See 28 U.S.C. §158(c)(1).
How do I file a claim?
If you have been listed as a creditor in a bankruptcy case, you will receive a written notice from the Clerk's office in the mail after the bankruptcy has been filed. The notice will tell you if there is a deadline for filing claims. If a deadline for filing claims is contained in the notice, you will also receive a proof of claim form.
If the original notice you receive from the Clerk's office does not contain a deadline for filing proofs of claim (which is usually the case in Chapter 7 cases), you may subsequently receive a "Notice to File a Proof of Claim," along with a claim form, if the trustee later determines that there are assets available for distribution in the case. This notice will also contain the deadline for filing claims with the court.
If you are informed of a claim deadline, but do not receive a claim form to fill out, you may obtain one from the Clerk's office or download a proof of claim form from our website.
The claim form should be filled out completely and should include any attachments needed to support your claim. DO NOT SUBMIT ORIGINAL BACKUP DOCUMENTATION to support your claim; it will not be returned to you. The original claim must have your signature on it (not a stamp or copy). You must return the original of your completed claim, with all attachments, to the Clerk's office by the deadline for filing claims. This means the Clerk's office must receive the claim form by that date, not that you mail it by that date. You must also send a complete copy of your claim to the case trustee and to the debtor and their attorney. Their addresses will be included in the notice you receive from the Clerk's Office.
If you wish to have a conformed copy of your claim returned to you, please bring an extra copy for yourself, or if you are mailing it, include an extra copy with a self-addressed, stamped envelope with enough postage to cover return mailing costs. The Clerk will file stamp the extra copy and return it to you.
Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the Creditor’s Meeting Notice that you receive from the Clerk's office.
How do I file for relief from the automatic stay?
Once a debtor files bankruptcy, creditors generally can't continue proceedings against them, see 11 U.S.C. § 362(a). There are certain exceptions to this rule, however. In order for a party to continue a legal proceeding against the debtor that has been stayed because of the filing of bankruptcy, the party must first obtain an order from the Bankruptcy Court granting relief from the automatic stay.
In order to obtain relief from the automatic stay to continue collection action against the debtor, the party must file a Motion for Relief from Stay with the Bankruptcy Court and pay the applicable filing fee. [This fee is not required if the moving party is a creditor seeking to collect child support, and the moving party has also filed Official Form B-281]. The motion must be served on the debtor, debtor(s) attorney, case trustee and other creditors and parties in interest. The legal authority for obtaining relief from stay can be found in section 362 of the Bankruptcy Code [11 U.S.C. § 362(d)].
After a motion for relief from stay has been properly noticed and the deadline for objections has expired:
• If no objections to the motion have been filed, the motion will be reviewed by the court.
• If an objection is filed, a hearing will be held before any order granting or denying relief will be entered.
How do I find out which trustee has been assigned to a particular bankruptcy case?
The face page of the case docket contains the name of the trustee in all Chapter 7and 13 cases. Unless the court specifically appoints a trustee in Chapter 11 cases, the debtor operates as a debtor in possession without a trustee. You may obtain the trustee's name by contacting the Court’s Voice Case Information System, VCIS, at (800) 843-2841 or (401) 626-3076. Another method would be to look up case information via the Internet using the Public Access to Court Electronic Records (PACER) system. Finally, you may also obtain this information by calling the Clerk's office, or by telephoning the local office of the U.S. Trustee. The Court’s website has a link to Trustee information, which gives addresses and telephone numbers of acting trustees.
Who do I notify about a possible bankruptcy fraud?
If you have information about someone who may be committing fraud in a bankruptcy case, you should notify the local Office of the United States Trustee at 10 Dorrance Street, Providence, R.I. 02903 (401-528-5551).
Your letter should contain the following information:
• The bankruptcy case name and file number, together with copies of any pertinent court filings.
• A chronological summary of the matter.
• A narrative of what occurred.
• Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.
• Copies of any documentation you have to support your complaint of bankruptcy fraud should be included with your letter.
Upon receipt, your letter will be reviewed promptly. If the information it provides establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. The United States Attorney will cause the matter to be investigated further by the appropriate law enforcement agency and then will determine whether there is sufficient evidence to prosecute the alleged bankruptcy fraud.
Is bankruptcy information public information? Can anyone look at it?
The information contained in documents filed in bankruptcy cases are a matter of public record, and can be reviewed by members of the general public. The documents can be reviewed by members of the public in the Clerk's office during regular business hours or, for attorneys and parties who have access to PACER, over the Internet 24 hours a day.
Access to pleadings and papers filed in bankruptcy cases is not restricted unless there is some good basis for "sealing" information that is contained in them. To have a document filed "Under Seal" or "In Camera," a motion must be filed explaining the need to protect the information in that document from public view.
If you are a debtor, you should be aware that the filing of bankruptcy may affect your credit rating. Several reporting agencies report bankruptcy information and statistics to the public, and credit reporting agencies also regularly collect bankruptcy information.
Because bankruptcy information is public, complete social security or account numbers should never appear on documents in their entirety. Where required, include only the last four digits.
How do I obtain information about a case?
Telephone Access: Basic information, such as the debtor or debtor's attorney's name, case number, or the name of the trustee is available on the telephone by calling the VCIS (Voice Case Information System) at (401) 626-3076 or (800) 843-2841. This information is provided free of charge and is available 24 hours a day from any touchtone phone. See the VCIS link on the Court’s web page for further information.
Computer Access: Electronic case summaries, docket information, and viewable copies of all pleadings filed since 1998, may be retrieved via the Internet through the Public Access to Court Electronic Records system (PACER). This system requires that you be a registered participant, and there is a fee for access ($0.10 per page, with a page being approximately 50 lines of text). This charge is limited to the first thirty pages of a document or report screen you are running, but is charged each time you open a new document.. For PACER registration information, please see the PACER link on the website. Cases filed prior to 1998, which have been closed, may be archived at the Federal Records Center in Waltham, MA. To determine if a case has been archived, contact the Clerk's office. Records may be obtained directly from the Federal Records Center, but you will need to obtain certain archiving information from the Clerk's office prior to requesting information from the Federal Records Center.
Copies of documents: Court records and documents filed after 1998 have been imaged and can be obtained from the Clerk's office via e-mail or fax at no cost, or through the PACER system. Paper copies may also be obtained for a fee from the Clerk’s office.
What if the case I'm interested in has been archived?
If a case has been archived, there may be some information that is still available through the Clerk's office. You should first check to see what information is available there. If the Clerk's office doesn't have the records you need, the Clerk will provide you with certain archive information, such as accession record retrieval numbers (PACER users may access this information through the PACER system using the query search field, case summary information screen, and can also be found at the website link to FRC information. With this access information, you may call the Federal Records Center at 866-329-6465. Please check the Federal Records Center for information.
For requests sent to the FRC, there is a per document search fee You must be specific about documents you would like provided. Alternatively, you can ask the Clerk's office to have the entire case file returned to Providence for you to review. There is a retrieval fee for this service. The file is sent to the Clerk's office by the FRC and it takes about three (3) to five (5) business days for the file to arrive. The Clerk's office will hold the retrieved case file for 30 days unless a longer period of time is requested. The file can only be reviewed in the Clerk's office; it cannot be removed for copying or viewing at another location.
How do I get certified copies of documents?
You may come to the Clerk's office and request certified copies. There is a printing fee and a certification fee for each document to be certified. Alternatively, if you know the documents you are looking for, you can mail a request to the Clerk's office. Your request must specifically identify the documents you want certified. Be sure to include the case name, case number, filing date and the title of the specific documents which you wish to have certified. In addition, please include your name, address and daytime contact number, so the Clerk can reach you if he/she has any questions about your request.
If you request certified documents by mail, you must include payment for the Clerk's search fee and certification with your request. The payment must be in the form of either a bank cashiers check or a U.S. Postal money order made payable to the Clerk, United States Bankruptcy Court. The fees that apply when requesting a certified document by mail include: a per document search fee, a certification fee per document, and a per page photocopy fee. Contact the Clerk’s office if you are unsure of what the total charge for certifying the document will be.
How can I obtain a Transcript or CD of a hearing?
You can visit the Clerk’s office or call to order a transcript. The Clerk will process a transcript order with the approved transcription agencies. You must decide if the transcript will be received by you in the ordinary course of business or on an expedited basis. The court will estimate the cost; however, you must pay the transcription agency directly. For a fee, the court will provide a CD of a hearing.
Does the Bankruptcy Court hold jury trials?
Pursuant to 28 U.S.C. §157(e), a bankruptcy judge may conduct jury trial in bankruptcy proceedings where the right to a jury trial applies and all parties have consented.