Frequently Asked Questions (FAQs) – Consumer Information
The United States Trustee Program is prohibited from providing legal advice to private individuals. These questions and answers relate to general circumstances involving bankruptcy.
The FAQs are separated into the following major areas of interest:
- How to File Bankruptcy
- Bankruptcy Trustees
- Bankruptcy Proceedings
- Homeowners' Concerns
- Individuals or Businesses with Marijuana Assets or Income
- Same-Sex Married Couples in Bankruptcy
- Reporting Suspected Fraud and Abuse
- General Information
How to File Bankruptcy
Basic information on filing bankruptcy is available on the federal courts’ Web site at: United States Bankruptcy Courts.
Updated: May 2010
A list of private attorneys in your area may be available from your state bar association, local law schools, or legal aid clinic. For example, see the information provided by the American Bar Association at: Consumers' Guide to Legal Help. Attorneys who provide bankruptcy services are required to disclose certain information in writing, including the services they will provide and the cost for those services.
Updated: May 2010
The clerk of your bankruptcy court or your state bar association may have information regarding individuals or organizations offering bankruptcy-related legal services, including services provided for free or for a reduced fee. Click here for contact information for bankruptcy courts. Click here for contact information for state bar associations.
Updated: May 2010
Non-attorney bankruptcy petition preparers may type bankruptcy documents with information supplied by the debtor. They may not provide legal services, such as helping you choose whether to file under chapter 7 or chapter 13 or identifying your property that is exempt from the reach of creditors. Bankruptcy petition preparers may advertise their services under “document preparation services” and similar categories of services, but not under “legal services.” If a bankruptcy petition preparer offers to provide legal services to you or fails to disclose that he or she is not an attorney and may not provide legal services, please report this to a U.S. Trustee Program field office. A list of Program offices is found at: Nationwide Office Locator.
Updated: May 2010
A bankruptcy filing may raise complex legal issues, so it is often advisable to consult with an attorney. However, an individual may file bankruptcy pro se (pronounced “pro say”), a Latin term that means “on one’s own behalf.” Information on filing bankruptcy pro se is available on the federal courts’ Web site at: Filing for Bankruptcy Without an Attorney.
Updated: May 2010
Information relating to pre-bankruptcy credit counseling and post-bankruptcy debtor education is found on the Program’s Web site at: Credit Counseling & Debtor Education Information.
Updated: May 2010
Information about the bankruptcy means test is available on the Program’s Web site at: Means Testing.
Updated: May 2010
Bankruptcy Trustees
If you have filed bankruptcy under chapter 7, chapter 12, or chapter 13, you should have received a notice identifying the trustee and providing the trustee’s contact information. Contact information for chapter 7, chapter 12, and chapter 13 trustees is found on the Program’s Web site at: Chapter 7, 12 & 13 Private Trustee Locator.
Updated: May 2010
No. Generally, the trustee’s duties in a chapter 7 case are to determine whether property is available for creditors, to collect that property, and to distribute the property to creditors. The trustee’s duties in a chapter 12 or chapter 13 case are to determine whether your proposed repayment plan is workable, to collect payments you make according to the repayment plan, and to distribute those payments to creditors.
Updated: May 2010
You may contact the U.S. Trustee Program field office if you have a complaint about a trustee in a chapter 7, chapter 12, or chapter 13 case. A list of Program field offices is found at: Nationwide Office Locator. You will be asked to make a written complaint.
Updated: May 2010
Debtors who do not speak or understand English well may request free telephone interpreter services at the section 341 meeting of creditors. The U.S. Trustee Program pays for these services. More information on free telephone interpreter services is available from the U.S. Trustee Program field offices and on the Program’s Web site at: Information for Individuals with Limited English Proficiency. A list of Program offices is found at: Nationwide Office Locator.
In addition, the Program provides the Bankruptcy Information Sheet in languages other than English, and identifies approved credit counseling agencies and debtor education providers that offer services in languages other than English. See the Program’s Web site at: Information for Individuals with Limited English Proficiency for more information.
Updated: May 2010
Before the date of your section 341 meeting, please inform the bankruptcy trustee who is administering your case. The trustee will notify the U.S. Trustee so that reasonable accommodations can be made.
Updated: May 2010
The USTP is the component of the Justice Department that oversees bankruptcy cases, including by appointing private trustees who administer more than one million pending bankruptcy cases annually. Congress called the USTP the “watchdog” of the bankruptcy system because it enforces the Bankruptcy Code and protects the integrity of the system.
Added: April 2017
Consumer debtors who own marijuana plants or products may seek a discharge of their debts in return for giving up those assets to a trustee who would sell those assets to pay back creditors. In other cases, the debtors may seek to use the bankruptcy laws to rehabilitate an ongoing marijuana business, or may propose to use marijuana profits to fund a payment plan to their creditors. In all of these cases, the debtors’ actions are impermissible because they enlist the aid of the federal bankruptcy system to facilitate the sale of a federally proscribed controlled substance.
Added: April 2017
Depending on the facts of the specific case, there often are many grounds for the USTP to seek to dismiss a marijuana case or take other appropriate civil action. For example, the law does not allow a consumer or business to confirm a bankruptcy repayment plan that contemplates and relies on activity forbidden by law. For example, funding a plan from income derived from a substance that is illegal under the Controlled Substances Act would be a means forbidden by law. Similarly, a trustee may not sell marijuana because selling a controlled substance violates federal law.
Added: April 2017
The United States Trustee has successfully moved to dismiss numerous cases and prevailed on appeal in Arenas v. United States Trustee, 535 B.R. 845 (10th Cir. B.A.P. 2015). Cases continue to be litigated.
Added: April 2017
Same-Sex Married Couples in Bankruptcy
For purposes of determining whether a couple is validly married for bankruptcy purposes, including same-sex couples, the USTP defines the term “state” to mean any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Northern Mariana Islands, any other territory or possession of the United States, and any foreign jurisdiction having the legal authority to sanction marriages.
Added: February 2014
No. The USTP’s position does not apply to individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union, or to marriages celebrated in a foreign jurisdiction that are not recognized in the United States, such as non-consensual marriages.
Added: February 2014
The USTP is not the sole regulatory authority with respect to bankruptcy law and procedure. It is possible that not all bankruptcy case participants will choose to follow the USTP’s interpretation of marital terms in the Bankruptcy Code and Rules to include same-sex married couples.
Added: February 2014
Yes. The USTP will advise bankruptcy trustees of its interpretation of the Bankruptcy Code and Rules. The USTP also intends to inform others involved in the bankruptcy process, including courts and members of the debtor and creditor bars, of its position as opportunities to do so arise.
Added: February 2014
You may report suspected bankruptcy fraud by using the U.S. Trustee Program’s Internet hotline at USTP.Bankruptcy.Fraud@usdoj.gov. Instructions for using this Internet hotline are found at: Report Suspected Bankruptcy Fraud. Alternatively, you may report suspected bankruptcy fraud to a U.S. Trustee Program field office. A list of Program offices is found at: Nationwide Office Locator. Please be prepared to make a written report.
You may find more information on various types of financial fraud, including where to report financial fraud, at www.StopFraud.gov, the Web site of the President’s Financial Fraud Enforcement Task Force.
Updated: May 2010
his may indicate that another person used your identity when filing a bankruptcy petition. Please report this suspected crime to the U.S. Trustee Program by using our Internet hotline at USTP.Bankruptcy.Fraud@usdoj.gov. Instructions for using this Internet hotline are found at: Report Suspected Bankruptcy Fraud. You may also report an erroneous bankruptcy filing on your credit record to a U.S. Trustee Program field office. A list of offices is found at: Nationwide Office Locator. Please be prepared to make a written report.
Information on correcting errors in your credit report is available on the Federal Trade Commission’s Web site.
Updated: May 2010
Contact information for the Executive Office for U.S. Trustees in Washington, D.C., and the U.S. Trustee Program field offices is found on the Program’s Web site at: Nationwide Office Locator.
Updated: May 2010
You may contact the U.S. Trustee Program field office if you have a complaint about a bankruptcy attorney. A list of Program field offices is found at: Nationwide Office Locator. You will be asked to make a written complaint.
Updated: May 2010
You may contact the U.S. Trustee Program field office if you have a complaint about a bankruptcy petition preparer. A list of Program field offices is found at: Nationwide Office Locator. You will be asked to make a written complaint.
Updated: May 2010
Bankruptcy court records are accessible via the Internet through the PACER (Public Access to Court Electronic Records) system, which is maintained by the federal court system. A user must register for PACER access, and there is a per-page fee to view records. Information on obtaining a PACER account is available at: PACER Service Center.
Updated: May 2010