Caution: Click Here Before Proceeding without an Attorney.

The resources provided on this web page are designed to provide basic information to creditors proceeding in bankruptcy court without an attorney, also known as proceeding “pro se.” When representing yourself before the Court, you must follow all applicable local and federal bankruptcy rules. Representing yourself in a bankruptcy case may be allowed; however, the process can be complex and many self-represented parties often do not obtain the relief they seek because they are unfamiliar with the requirements of the court. Information contained herein is given as a general overview of the bankruptcy process and should not be relied upon for your individual circumstances or taken as legal advice. Consult an attorney to discuss your particular circumstances.

Further information about the bankruptcy process and more detailed information for creditors is contained on the Court’s Frequently Asked Questions webpage.

• Representing Yourself or Your Company

  The Bankruptcy Code is complex and parties often need legal counsel to obtain the relief they seek; however, individual creditors, including sole proprietors, may represent themselves before the bankruptcy court. Individuals that have an incorporated business, such as a corporation, partnership, limited liability company or other business entity, may not represent the interest of the company before the bankruptcy court. The company must be represented by an attorney duly admitted to practice before the bankruptcy court; however, the company does not need legal representation to file a proof of claim or a reaffirmation agreement.

• What information must I remove from my filings and what is “redaction"?

  Bankruptcy Rule 9037 provides that certain identifying information should not be included or should be redacted from papers filed with the bankruptcy court. Pursuant to Federal Bankruptcy Rule 9037, social security and financial account numbers should be redacted to the last four digits, the names of minors should be redacted to the minor’s initials, and the date of an individual’s birth should be redacted to the year.

  Redaction may be accomplished by blacking-out or whiting-out the foregoing information from the document filed. In certain instances, parties have attempted to use a tool in Adobe Acrobat to hide information in a PDF filed with the Court; however, this information may still be visible to some court users. Thus, it is recommended that you manually redact information and scan the document before filing the document with the Court.

  Failure to redact the foregoing information may result in the court ordering you to file an amended document with the information redacted. In some cases, the court has sanctioned creditors that failed to redact this information.

• What are my options as a creditor?

  The Bankruptcy Code provides rights and remedies to certain creditors. Because of the complexity of the Bankruptcy Code, you may need to contact an attorney to discuss the actions that you can take regarding the debtor’s case. The following are among the more common actions creditors take:

  1. File a proof of claim with the Court. The proof of claim represents the amount of debt you are owed and reflects whether the claim is secured by collateral or entitled to priority in payment pursuant to the Bankruptcy Code. The claim must be filed by the deadline set by the court. Filing a claim does not guarantee payment by the debtor’s estate but is generally a prerequisite to receiving a distribution from the estate. A copy of the proof of claim form is found under the Court’s website under the Forms menu.
      
  2. Seek relief from the automatic stay. The automatic stay generally protects the debtor and the debtor’s property from creditor actions after the bankruptcy is filed including contacting the debtor directly about the debt. An order granting relief from the automatic stay is usually necessary for a creditor to exercise rights outside of the bankruptcy court such as commencing or completing a foreclosure action in state court.
      
  3. Object to the debtor’s plan. If the debtor is in a chapter 11 or a chapter 13 case, you may object to the plan proposed by the debtor under certain limited conditions set forth in the Bankruptcy Code.
      
  4. Oppose the granting of the discharge to the debtor or the discharge of the debt owed to you. There are limited grounds in the Bankruptcy Code to oppose the debtor’s discharge or the discharge of the debt owed to you.
      

• What stops me from taking action after the case is filed and what is the “Automatic Stay”?

  With a few narrow exceptions, the “Automatic Stay” is a legal stay of all actions against the debtor and the debtor’s property that is part of the bankruptcy estate following the filing of the bankruptcy. Any action that a creditor takes in violation of the stay, such as commencing or completing a foreclosure, repossessing a car, or collecting debt owed prior to the debtor’s bankruptcy, is void and may subject the creditor to sanctions and the payment of damages to the debtor. The Bankruptcy Code allows a creditor to move for relief from the automatic stay under the circumstances set forth in 11 U.S.C. § 362(d).

• What can I do after the Debtor Receives a “Discharge”?

  If a debtor receives a “discharge,” you cannot take action against the debtor to collect a discharged debt. Many debts are discharged but, depending on the type of case that the debtor filed, there may be some debts that survive discharge. If you obtained a lien prior to the debtor’s bankruptcy, you may be able to enforce the lien after the bankruptcy unless the lien was avoided, paid through a plan, or the debtor redeemed the property by paying the value of the collateral. When a lien is valued or avoided, the lien and your claim may be extinguished even though you may have received no payment or a payment that was less than your claim. If you take action against the debtor to enforce a discharged debt, you may be in violation of the discharge injunction, which may subject you to paying actual and punitive damages.

• What is the “Notice of Case, Meeting of Creditors and Deadlines” document I received?

  You were named as a creditor in this case and are probably listed on the debtor's schedules. This notice lists important dates and deadlines and should be reviewed carefully. Included in the Notice is the date set for the Meeting of Creditors and the deadline for filing a Proof of Claim.  In a Chapter 7 case, the Notice may advise you to not file a proof of claim and will contain a deadline to Object to Discharge.  In a Chapter 13 case, the Notice will provide the date set for confirmation of the Chapter 13 plan and will also contain the deadline to Object to the Dischargeability of certain debt. If you feel you were notified in error, contact the debtor's attorney to be removed from the case mailing matrix.

• Do I have to attend the Meeting of Creditors to get my money?

  No. However, the Meeting of Creditors may be of interest to you as the meeting includes an examination of the debtor(s) under oath. This is your opportunity to ask the debtor questions related to their financial affairs.

• If I timely file a proof of claim, will I receive payment?

  The answer to this question depends on the chapter under which the debtor files for bankruptcy.  In a Chapter 11 or a Chapter 13, your right to receive payment will be set forth in the debtor’s plan of reorganization.  In a Chapter 7 case, you may not receive payment unless the debtor has non-exempt assets that can be liquidated by the Chapter 7 trustee.  For unsecured and undersecured creditors, the amount of payment will vary depending upon the value of the assets liquidated and the amount of claims filed against the debtor.  Secured creditors generally retain their liens during the bankruptcy and can reduce their claim by liquidating their collateral after the automatic stay is lifted.  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 Notice of Case, Meeting of Creditors, and Deadlines.

No employee of the Court is permitted to give legal advice or to respond to questions which may constitute legal advice. General information regarding filing a bankruptcy case, fees, forms, trustees, Court locations, calendars, etc. is available on this site at no charge. Also, links are provided on this site to other information including the Federal Rules of Bankruptcy Procedure and the South Carolina Bankruptcy Local Rules.

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