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Bankruptcy (Court)

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BANKRUPTCY (COURT)

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There are 94 federal judicial districts that handle bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws help people who can no longer pay their creditors, get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.


Bankruptcy laws also protect troubled businesses and provide for orderly distributions to businesses and provide for orderly distributions to business creditors through reorganization or liquidation. These procedures are covered under Title 11 of the United States Code (the Bankruptcy Code). Most cases are filed under the three main chapters of the Bankruptcy Code, which are Chapter 7 - Liquidation Under the Bankruptcy Code, Chapter 11 - Reorganization Under the Bankruptcy Code, and Chapter 13 - Individual Debt Adjustment.



Some individuals prefer to file for bankruptcy without legal assistance; however, the process is very complicated, and individuals may need the advice of an attorney. There are many "how to" books and Internet Web sites available to consumers.


Chapter 7 often called the liquidation chapter, is used by individuals, partnerships, or corporations who are unable to repair their financial situation. In chapter 7 asset cases, the debtor’s estate is liquidated under the rules of the bankruptcy code. Liquidation is the process through which the debtor’s non-exempt property is sold for cash by a trustee and the proceeds are distributed to the creditors.


Chapter 11 often called the reorganization chapter, chapter 11 allows corporations, partnerships, and some individuals to reorganize, without having to liquidate all assets. In filing a chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business.


Chapter 12 is designed for “family farmers” or “family fishermen” with “regular annual income”. It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. Under chapter 12, debtors propose a repayment plan to make installments to creditors over three to five years. Generally, the plan must provide for payments over three years unless the court approves a longer period “for cause”.


Chapter 13 An individual with a regular income who is overcome by debts but believes such debt can be repaid within a reasonable period of time, may file under chapter 13 of the bankruptcy code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the bankruptcy court trustee for payment to creditors. If the court approves the plan, the debtor will be under the court’s protection while repaying such debts.


OFFICE OF THE US TRUSTEE

The Office of the US Trustee Program is a component of the Justice Department that works to ensure the integrity of the bankruptcy system across the nation.


The duties of United States Trustees include:.


  • Appointing and supervising the private trustees who collect and disburse funds to creditors in bankruptcy cases under Chapters 7, 12, and 13;
  • Assuring compliance with the Bankruptcy Code with respect to information disseminated in cases through reports, schedules, disclosure statements, reorganization plans, and other filings.
  • Reviewing fee applications of professionals, like attorneys and accountants, who serve in Chapter 11 business reorganization cases; and
  • Monitoring bankruptcy cases for fraud and abuse and referring criminal matters to U.S. Attorneys for prosecution in accordance with the USTP Mission Statement.

The Office of the US Trustee Program is a component of the Justice Department that works to ensure the integrity of the bankruptcy system across the nation.


The Executive Office for U.S. Trustees, located in Washington, D.C., oversees the United States Trustee Program's substantive operations and handles the program's administrative functions.



REQUESTED INFORMATION:

  • Name and address of the person or business you are reporting
  • The name of the bankruptcy case, case number and the location of where the case was filed
  • Any identifying information you may have regarding the individual or the business
  • A brief description of the alleged fraud, including how you became aware of the fraud and when the fraud took place. Please include all supporting documentation.
  • Identify the type of asset that was concealed and its estimated dollar value, or the amount of any unreported income, undervalued asset, or other omitted asset or claim
  • Your name, address, telephone number and email address. You are not required to identify yourself, though it is often helpful to do so if questions arise
  • You are not required to identify yourself, though it is often helpful to do so if questions arise.

The likelihood of further investigation and possible criminal prosecution is increased for those matters where supporting documentation and specific factual information are provided. Any information by the United States Trustee Program is authorized by 28 U. S. C. section 586.


You can send this information via email to:

USTP.Bankruptcy.Fraud@usdoj.gov


or by mail to:

Executive Office for U. S. Trustees
ATTN: Criminal Enforcement Unit
George C. Young Federal Building and Courthouse
400 W. Washington Street, Suite 1100
Orlando, FL 32801

Matters may also be referred directly to the local office of the United States Trustee.


CALIFORNIA ACTING UNITED STATES TRUSTEE


REGION 15

www.justice.gov/ust-regions-r15


TIFFANY CARROLL, ACTING UNITED STATES TRUSTEE (REGION 15)
880 FRONT STREET THIRD FLOOR, SUITE 3230
SAN DIEGO, CA 92101
619-557-5013
619-557-5339 Fax


ELIZABETH C. AMOROSI, ASSISTANT UNITED STATES TRUSTEE (REGION 16)
880 FRONT STREET THIRD FLOOR, SUITE 3230
SAN DIEGO, CA 92101
619-557-5013
619-557-5339 Fax


REGION 16

www.justice.gov/ust-regions-r16


L. PETER ANDERSON, UNITED STATES TRUSTEE
915 WILSHIRE BLVD., SUITE 1850
LOS ANGELES, CA 90017
213-894-6811
213-894-2603 Fax


JILL STURTEVENT, ASSISTANT UNITED STATES TRUSTEE
915 WILSHIRE BLVD., SUITE 1850
LOS ANGELES, CA 90017
213-894-6811
213-894-2603 Fax


FRANK CADIGAN, ASSISTANT UNITED STATES TRUSTEE
411 W. FOURTH STREET, SUITE 7160
SANTA ANA, CA 92701-8000
714-338-3400
714-338-3421 Fax


ABRAM FEUERSTEIN, ASSISTANT UNITED STATES TRUSTEE
3801 UNIVERSITY AVENUE, SUITE 720
RIVERSIDE, CA 92501
951-276-6990
951-276-6973 Fax


REGION 17
www.justice.gov/ust-regions-r17


TRACY HOPE DAVIS, UNITED STATES TRUSTEE
450 GOLDEN GATE AVENUE, 5TH FLOOR, SUITE #05-0153
SAN FRANCISCO, CA 94102
415-705-3300
415-705-3367 Fax


TIMOTHY S. LAFFREDI, ASSISTANT UNITED STATES TRUSTEE
450 GOLDEN GATE AVENUE, 5TH FLOOR, SUITE #05-0153
SAN FRANCISCO, CA 94102
415-705-3300
415-705-3367 Fax


GREGORY S. POWELL, ASSISTANT UNITED STATES TRUSTEE UNITED STATES COURTHOUSE
2500 TULARE STREET, SUITE 1401
FRESNO, CA 93721
559-487-5002
559-487-5030 Fax


GREGORY S. POWELL, ASSISTANT UNITED STATES TRUSTEE
501 "I" STREET, SUITE 7-500
SACRAMENTO, CA 95814-2322
916-930-2100
916-930-2099 Fax


TIMOTHY S. LAFFREDI, ASSISTANT U.S. TRUSTEE
280 SOUTH FIRST STREET, ROOM 268
SAN JOSE, CA 95113
408-535-5525
408-535-5532 Fax



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