PoFC

  • What to do if being sued by a creditor?

    A creditor has sued you in bankruptcy court. You were served with a Summons and Complaint, and you must now file an Answer. If you do not file an Answer on time, the court may enter a default judgment against you. This means that your debt may not be discharged and you will be responsible for paying it back.

    If you cannot afford an attorney, free or reduced cost legal help may be available. 

  • Emergency Motion Filing: Can the hearing be held telephonically and who must be notified?

    If the Court determines than an emergency hearing is necessary, it prefers that counsel and/or parties appear in person for such hearing, but will permit participation by telephone if the nature of the emergency and time constraints warrant such a format.

    The applicant must notify all affected parties, as well as the case trustee and the US Trustee. In very time-sensitive instances, the Court may approve of notification by telephone.

  • Emergency Motion Filing: Where must it be filed?

    If e-filed, the filer must call the Clerk’s office at (401) 626-3114 to alert a staff member that an emergency matter has been filed electronically. All parties in interest and attorneys must be notified of the filing by telephone, fax, and/or hand-delivery. If an emergency pleading is conventionally filed, the Clerk’s office will process it immediately. The filer must serve the pleading on all interested parties by telephone, fax, and/or hand-delivery.

  • Emergency Motion Filing: What format is required?

    Documents for the Court’s consideration must state the nature of relief, the statutory basis thereof and the facts creating the urgency. “Emergency Motion” or the word “Emergency” must be in the caption of the papers filed to alert the Clerk’s office of the urgent nature of the relief sought. See LBR 9013-2(e).

  • Emergency Motion Filing: When is a motion filing considered to be an emergency?

    Any motion filing for which there is not enough time to give the notice required by the Bankruptcy Code and Rules due to circumstances beyond the control of the filer is considered to be an emergency filing. Local Rule 9013-2(e) specifies the requirements for emergency motions.

  • What if the case I'm interested in has been archived?

    If a case has been archived, there may be some information that is still available through the Clerk's office.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.

  • What if I need to amend schedules other than D, E or F?

    All other schedules may be amended without a fee. Schedules are amended by submitting the new schedules entitled Amended, signed by the debtor(s), and clearly noting the nature of the amendment (change) using a bolded or italicized font, or underlining the change(s). (See forms)

  • What if I don't agree with an order 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 and Statement of Election  (Official Form 417A) of the order and pay the applicable filing fee. Either document 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 you fill out Part 4 of the Notice of Appeal and Statement of Election to have the appeal heard by the U.S. District Court.   If you do 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).

  • What happens if the presumption of abuse arises?

    If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under § 707(b) of the Bankruptcy Code. The debtor may rebut the presumption by showing special circumstances.

  • What do I do if I forgot to include a creditor in my bankruptcy schedules? (Schedules D, E, and F)

    If additional creditors need to be added to your bankruptcy schedules after filing, the applicable schedule (D, E, or F) must be amended. There is a miscellaneous fee to amend schedules D, E and F to add creditors or to change the amounts on these schedules. Amended schedule(s) listing the new creditors and/or any changes must be filed and signed under oath by the debtor(s). A certificate of service is also required indicating that the added creditor(s) have received a copy of the amended schedules and a copy of the Section 341 Meeting Notice. If a large number of creditors are being added, a new creditor mailing list is also required containing only the added creditors names and addresses. (See forms)