Once a debtor files bankruptcy, he or she is protected by the automatic stay, which generally prohibits most actions by a creditor to collect a debt. There are limited exceptions to the automatic stay and you should consult an attorney to determine your rights. Actions taken in violation of the automatic stay may subject you to paying damages to the debtor. You can participate in the debtor’s bankruptcy by attending the Meeting of Creditors, filing a proof of claim, and filing appropriate objections.

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.

No.

A bankruptcy case is a legal proceeding affecting the rights of debtors, creditors and other parties in interest. Pursuant to 28 United States Code § 955, the Clerk's Office staff is prohibited from giving information which may be characterized as legal advice.

No, creditors do not have to attend the Meeting of Creditors. 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.

To determine who was served with a filed document, you must look two places:

1. To determine who was served electronically via ECF, go to the Docket Report while logged into ECF (not PACER) as follows:

• Click on Reports on the ECF Main Menu Bar.
• Click on Docket Report.
• Enter the case number and click “Links to Notice of Electronic Filing” if it is not already checked. Click Run Report.
• Find the document of interest and click on the silver ball to the left of the document number, then click Display Receipt.
• The Notice of Electronic Filing (NEF) appears. Scroll to the bottom and find the heading Notice will be electronically mailed to: for a list of parties served via ECF.

2. To determine who was served by the filer or the Bankruptcy Noticing Center (whether by mail, fax, e-mail, or EDI), look at the filed certificate of service. For documents served by parties, a separate docket entry entitled BNC Certificate of Mailing linked to the original document. A BNC Certificate of Notice will be a separate docket entry linked to the order, judgment, notice, etc. and is generally docketed within two business days of the filing of original document. The list of those served accompanies a copy of the document, and delineates all who were served, and how.

Multi-court Voice Case Information System (McVCIS) 866-222-8029

PACER (Public Access To Court Electronic Records) A web-based format that allows anyone with internet access and a PACER login from the court to access official court records via the internet at https://ecf.ianb.uscourts.gov

For more information about these systems, call the Clerk's office Monday through Friday, 8:00 - 4:30 at 319-286-2200 or 712-233-3939.

ECF participants have complained that they receive email Notices of Electronic Filing (NEF’s) of documents in which they have no interest. In particular, ECF participants receive NEF’s in bankruptcy main cases if they are associated with the adversary proceeding, even if the adversary is closed and they have withdrawn from or were never involved in the main case.

To avoid receiving notices for bankruptcy cases when you are only involved in the related Adversary Proceeding, go to Utilities > Maintain Your ECF Account. Click the Email Information button. On the screen, choose the radio button 'Send notices for adversary proceedings in which I am directly involved but not for their related bankruptcy cases'. Click Return to Account Screen and on the next screen you must click Submit for any changes to become effective.

If your client’s involvement with a case has ended, you may file a withdrawal from case by filing a motion to withdraw.

Contact the trustee assigned to the case.

Please refer to this website for instructions to clear the browser cache.

Admission to practice - The Bankruptcy Court does not have its own bar. To practice in the Bankruptcy Court you need to be admitted to the federal bar of the United States District Court for the Northern or Southern Districts of Iowa. Visit the Iowa Northern District Court's website for Attorney Admission Information.

Appear pro hac vice - An attorney who neither resides nor maintains an office in the Northern or Southern Districts of Iowa can request to participate in a case upon application to the bankruptcy court. For further information, click here and/or review Local Rule 2090-1(b)(3).  There is no admission fee charged for filing Pro Hac Vice in the Northern District of Iowa's Bankruptcy Court..

For information of obtaining copies, click here.

In a Chapter 7 case, a creditor can object to the granting of a discharge if there is cause to do so under 11 U.S.C. § 727(a).  The creditor must timely file an adversary proceeding with the Court to object to the debtor’s discharge.  See Fed. R. Bankr. P. 4004.

Under all chapters, certain debts may be discharged unless a creditor timely files an adversary proceeding with the Court to object to dischargeability of the debt under § 523(a).  See Fed. R. Bankr. P. 4007

Certain versions of Adobe Acrobat and other PDF editing software allow the user to save a fillable form after data has been entered, and to edit that information at a future date. If a form with saved data is filed electronically (through CM/ECF) without first securing the electronic file by "flattening" it, the data entered can be easily removed or altered by an unauthorized third party.

Attorneys and parties using the pdf-fillable versions of the official bankruptcy forms from www.uscourts.gov should flatten the pdf file before filing it with the bankruptcy court through CM/ECF. To "flatten" the file, "print" the form to PDF (using the print dialogue box) and file the resulting document.

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Follow the steps below to “flatten” a completed PDF fillable form:

A bankruptcy generally affects a person’s credit rating for 7 to 10 years. However, this depends entirely on the individual credit reporting agency. The Bankruptcy Court does not have influence on the type of information the credit bureaus report or how long the credit bureaus keep the filing in their records.  Under federal law, you may be able to periodically receive a free copy of your credit report from each of the three major credit reporting agencies. Each agency's report may contain different information. To receive a free annual credit report, you can visit www.annualcreditreport.com or you can call or send a written request to:

For more information, see the Credit Reporting Information section on this website.

The original petition is filed with the Clerk’s Office. If you wish to have a "date stamped" copy returned to you, please enclose an extra copy (self-addressed envelope with sufficient postage is required if returned via U.S. mail).

Proposed Orders shall be submitted as a PDF by email to the CR Scheduling Deputy crsched@ianb.uscourts.gov

This means your PACER account has not yet been activated. Contact PACER to have it activated. If you did not enter a credit card number when you registered, activation information will arrive in the mail from PACER in 7-10 days after registration.

Note:  You can still e-file if your PACER account has not been activated, you just cannot view documents.  Click the Continue button to proceed.

There is no fee to register for PACER in order to be able to e-file in NextGen CM/ECF.  There is only a fee from PACER for viewing documents. You can check the PACER website for their fees.  You can pay your NextGen CM/ECF filing fees through PACER if you choose to do so.

From the PACER logn page select Forgot my Password or Forgot My Username. If you forgot your username, you will need your PACER account number or you will need to contact PACER directly at (800) 676-6856.

Important: The court is live on NextGen so your PACER login is your CM/ECF login, as long as you linked the accounts. The court will no longer be able to reset logins and passwords once the accounts are linked.  You will have to contact PACER to recover logins or reset passwords.

Make sure you followed the steps for linking your PACER and CM/ECF accounts.  See How to Link a New or Upgraded PACER account to a NextGen CM/ECFaccount.

If you have linked your accounts correctly, try the following:

- Clearing you cache (i.e., internet cookies, browsing history).

- Log out and log back in.

- Refresh you screen.

The documents filed in a bankruptcy case are a matter of public record and can be reviewed by members of the general public at the Clerk's Office in Cedar Rapids or Sioux City during regular business hours at no charge.  Attorneys, parties and those who have access to PACER may review documents filed in bankruptcy cases online at any time via their PACER access.

No. The Bankruptcy Rules prohibit any "ex parte" contact (communication between just you and the judge) with the Court in order to preserve the integrity of the Court and to prevent the appearance of any impropriety or allegations of preferential treatment for any party. The only time you may speak to the judge is when you are in the courtroom for a hearing in your case.

This means your PACER account has not yet been activated.  Contact PACER to have it activated or, if you did not enter a credt card number when you registered, you can wait until activation comes in the mail from PACER in 7-10 days from registering.

Note:  You can still e-file if your PACER account has not been activated, you just cannot view documents.

You can keep that one PACER account for case research only.  However, each attorney with an e-filing account with the court needs his or her own individual PACER account. 

Go to pacer.uscourts.gov to register for your own PACER account. 

See Registering for a PACER Account for instructions.

Did you upgrade your PACER account on the PACER website? If you are not sure, log in to your PACER account and select Manage My Account and see what type of account you have. 

If the Account Type is Legacy PACER Account, click on the Upgrade link and complete the upgrade process. If the Account Type says Upgraded, then you are ready for NextGen.

The term "claim" in bankruptcy is used in the broadest sense. A claim is any right to payment held by a person or company against the debtor(s) and the debtor's bankruptcy estate. A claim does not have to be a past due amount but can include an anticipated sum of money which will come due in the future.

The written statement filed in a bankruptcy case setting forth a creditor's claim is called a proof of claim. The proof of claim should include a copy of any document giving rise to the claim as well as evidence of the secured status of the debt if the debt is secured. Generally, claims in chapters 11, 12 and 13 cases must be filed within ninety (90) days after the first date set for the meeting of creditors. In the Northern District of Iowa, all chapter 7 cases are opened as "no asset" cases. The bankruptcy trustee will determine if there are assets to be distributed. If so, the Clerk of Court will give creditors notice of a deadline to file claims for debts owed to them by the debtor(s). Creditors should not file a claim in a chapter 7 case unless a claims deadline is set. Creditors will have 90 days after the clerk's notice within which to file their claim with the bankruptcy court. Claims of governmental units must be filed within one hundred eighty (180) days of the date the petition was filed.

Depending on a debtor's financial situation and reasons for filing, the consequences of filing for bankruptcy protection may outweigh the benefits. The following information is intended as a summary only. You are strongly encouraged to consult with an attorney in order to determine the rights and obligations that apply to your individual situation. Those considering bankruptcy should be aware of the following: Filing for bankruptcy protection is not free. How much does it cost?  To view filing fee schedules click here

• Not all debts are dischargeable. Examples of debts which are not dischargeable are:
• Spousal and child support obligations
• Most tax debts
• Most student loans
• Fines, penalties, forfeitures, or criminal restitution obligations
• Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated
• Some debts which may not be properly listed.

In addition, secured creditors retain some rights which may permit them to seize property, even after a discharge is granted. Schedules of the debtor's assets and liabilities must be timely filed. Failure to timely file the appropriate schedules may result in dismissal of the bankruptcy and the barring of the debtor from filing again for 180 days (six months). If a case is not dismissed and a discharge is entered by the court, the debtor may be prohibited from being granted another discharge in a later case. Fraudulent information or acts by the debtor are grounds for denial of a discharge and may be punishable as a criminal offense.

The best course of action will depend on the specific facts involved.  It is recommended that a debtor contact an attorney with any questions.  Making the creditor aware that the discharge order was entered and that the order applies to the creditor’s debt often resolves the collection action.   If the creditor continues its attempts to collect a discharged debt, the discharge order may be used as a viable defense to the collection action.  The debtor may also file an appropriate pleading in the Bankruptcy Court for a determination that the debt was discharged or alternatively to seek damages for a creditor’s violation of a discharge order. 

A complete list of the documents and forms necessary to start a bankruptcy case under any chapter of the Bankruptcy Code is listed under the filing requirements section of this web site.

If you need to start your case quickly, you can file only those documents indicated as minimum documents required for filing. All additional documents must be filed within the time indicated. Your failure to timely file additional required documents or seek an extension of time to do so may result in dismissal of your case.

The clerk's office does not supply Official Bankruptcy Forms or sample plans. However, Official Bankruptcy Forms may be downloaded from this web site under Forms.

Type the information on the forms, if possible.

A response is necessary for every question. If your answer is "none" or "not applicable," put "none" or "N/A." Use continuation pages when you run out of room. Sign each form where required. If filing a joint case, make sure that your spouse signs too.

Prepare your creditor matrix (a mailing list of all your creditors) according to the matrix format instructions. The matrix must alphabetically list the names, with complete addresses of: creditors. Include any creditors, assignees, agents, or attorneys, and equity security holders. Mailing matrixes MUST be typed.

The Clerk's Office provides a variety of services to the bankruptcy judges, attorneys and the public. Clerk's Office staff provide clerical and administrative support to the Bankruptcy Court by maintaining case-related files, issuing notices, collecting authorized fees, entering judgments and orders, and setting hearings. The services provided by the Clerk's Office to attorneys and the public also include responding to requests for information and making copies of papers in bankruptcy court files.

All adult visitors and unaccompanied minors will need to present valid government-issued picture identification (driver's license, state identification card, passport, or immigration card) for entry into the Court’s buildings. A valid government-issued picture identification is also required for entry into the Meeting of Creditors.

A Notice of Appeal may be filed after an Order or Judgment has been entered in a case. In a Notice of Appeal, the party filing the Appeal, the appellant, wishes to reverse the Order or Judgment granted in favor of the other party, the appellee. When an Appeal is filed in the Northern District of Iowa, the matter may be elected to the Bankruptcy Appellate Panel (BAP) or District Court by the appellant at the time of filing the Notice of Appeal and Statement of Election. 

Click here for more information on filing an appeal.

In order to be eligible to file for bankruptcy, an individual debtor must receive credit counseling within 180 days prior to filing a bankruptcy petition unless he or she qualifies for a temporary waiver of the requirement under 11 U.S.C. § 109(h)(3) or an exemption from the requirement under 11 U.S.C. § 109(h)(4) of the Bankruptcy Code.  Specifically, the law requires the debtor to receive from an approved agency a briefing to outline the opportunities available for credit counseling and the creation of a financial management plan.  This may be done in an individual or group session and may be completed in person, on the phone, or even via the Internet. The Court facilitates access to credit counseling by the public use of a telephone or computer to obtain such counseling.  A timely certificate of credit counseling is required and must be filed with the Court.

A list of court-approved credit counselors is available on the U.S. Trustee’s website or from this hyperlink:  Approved Credit Counseling Agencies.

“Property of the Estate” is a term of art used in the Bankruptcy Code.  The term includes nearly all of the debtor’s property at the time the debtor files the petition.  In a Chapter 13 case, the term also includes a debtor’s post-petition wages and other property that the debtor acquires before the case is closed.  Property of the Estate is protected by the automatic stay absent a lifting of the stay by court order or operation of law. 

The discharge order is issued by the court and permanently prohibits creditors from taking action to collect dischargeable debts against the debtor personally. This does not prevent secured creditors from seizing collateral if payments are not kept up or other creditors from pursuing property of the estate. The following information is intended as a summary only. You are strongly encouraged to consult with an attorney in order to determine the rights and obligations that apply to your individual situation.

Some debts are not dischargeable, and others may be found to be non-dischargeable depending on particular circumstances.

In a chapter 7 case, the bankruptcy court will order that the debtor be discharged of all dischargeable debts once the time for filing complaints objecting to discharge has expired (usually 90-120 days after the case was filed) except in certain situations. For example, a discharge will not be granted if the debtor is not an individual, a complaint objecting to the debtor's discharge has been filed, a motion to dismiss the case for abuse is pending, the debtor has not paid the filing fee in full, or the debtor has not filed a Debtor's Certification of Completion of Instructional Course Concerning Financial Management (Official Form B423) or a Certificate of Completion of Instructional Course Concerning Personal Financial Management.

In chapter 12 and chapter 13 cases, the court will order that the debtor is discharged of dischargeable debts after the debtor has completed all payments under the plan (3-5 years), or prior to plan completion, after notice and hearing, if the requirements of 11 United States Code §§ 1228(b) or 1328(b) have been met.

A chapter 13 debtor seeking entry of a discharge in a case filed on or after April 20, 2005, shall file the local form "Debtor's Certified Motion for Discharge and Notice of Deadline to Object" (IANB1328) upon completion of all payment under the plan. A chapter 13 debtor must also file a Debtor's Certification Re: 11 U.S.C. Section 522 (Form IANB-522), not earlier than the date of the last plan payment.

The granting of a discharge does not automatically result in the closing of a case. Pending motions must be resolved and the trustee must file a final report and account and request entry of a final decree before the Clerk's Office will close the case.

The Meeting of Creditors, also known as a 341 Meeting (so-called after § 341 of the Bankruptcy Code), is a meeting that a debtor is required to attend after filing for bankruptcy. The meeting is conducted by the case trustee or the U.S. Trustee. The bankruptcy judge does not attend this meeting. The debtor must appear at this meeting and testify under oath about his or her financial condition, assets, and liabilities. The debtor will be asked questions about the information contained in the bankruptcy paperwork filed with the Court. Creditors may also attend this meeting and may question the debtor about his or her financial affairs. If a debtor fails to attend this required meeting, the case trustee may seek to dismiss the bankruptcy case. A debtor typically cannot receive a discharge in bankruptcy without attending this meeting.

The Meeting of Creditors is held within a certain time period after the bankruptcy case is commenced. Within about a week after the bankruptcy case is filed, the debtor will receive notice by mail of the date and time of the Meeting of Creditors, which will be contained in the Notice of Bankruptcy Case. The debtor is required to bring certain identification information to this meeting and the trustee may request further information about the debtor’s financial affairs.

A reaffirmation agreement is an agreement by which a Chapter 7 debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. Such an agreement must generally be entered into within sixty (60) days after the first date set for the meeting of creditors. The agreement must be filed with the court. A reaffirmation agreement must be filed on (Form B2400) and be accompanied by a Reaffirmation Agreement Cover Sheet (Form B427).

If the reaffirming debtor is represented by an attorney, and the agreement complies with 11 United States Code § 524(c), no hearing for approval of such an agreement is generally necessary. If the reaffirming debtor is not represented by an attorney or the attorney has not signed the agreement, the court will schedule a hearing. You must appear in person at the hearing. The judge will ask questions to determine whether the reaffirmation agreement imposes an undue hardship on you or your dependents and whether it is in your best interests. Since reaffirmed debts are not discharged, the bankruptcy court will normally approve reaffirmation agreements only when the debt is secured by collateral that is important to your daily activities. Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law.

An “exemption” is a statutory right that an individual debtor may exercise to exempt the equity in certain real and personal property from certain creditors.  If there is no non-exempt equity in your property, after considering its value, consensual liens, and the amount of the exemption, then your trustee may determine that the property should not be sold for the benefit of your creditors or that such property should not be considered in determining the amount of your payment under a Chapter 13 plan.  An exemption has no effect on the rights of a creditor with a consensual lien, such as a mortgage creditor or a creditor that financed the purchase of a vehicle. 

A debtor takes an exemption by completing Schedule C.

Redemption allows an individual debtor (not a partnership or a corporation) to keep tangible, personal property intended primarily for personal, family, or household use by paying the holder of a lien on the property the amount of the allowed secured claim on the property, which typically means the value of the property. Redemption is an alternative to reaffirmation. The property redeemed must be property that is exempt or that has been abandoned by the Chapter 7 trustee. With redemption, a debtor can often get liens released on personal possessions for much less than the underlying secured debt; however, unless the creditor consents to periodic payments, redemption must generally be made in one lump sum payment to the creditor. As with reaffirmation, the Bankruptcy Code imposes certain deadlines by which the debtor must seek redemption of his or her property.

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, when applicable.  In a Chapter 7 case, the Notice 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 debts.

If you feel you were notified in error, contact the debtor's attorney to be removed from the case mailing matrix.

The Bankruptcy Code is Title 11 of the U.S. Code. Major revisions to the Code were made in 2005. The Bankruptcy Code provides help for businesses or persons in financial difficulty in the form of bankruptcy chapters. Chapter 7, 11 and 13 bankruptcies are the most commonly filed chapters. Chapters 1, 3, and 5 of the Code apply in every case. These chapters deal with case administration, creditors' claims, debtors' duties, and property of the bankruptcy estate. The Bankruptcy Code is available at legal libraries and may be found on the Internet.

The plan, generally filed by the debtor in a Chapter 13 case, states how the debtor proposes to pay their various debts. Creditors and other parties in interest are served with the plan and have an opportunity to object to a proposed plan.  The plan does not become effective until the Court confirms it after a hearing.  The form Chapter 13 plan used in this District is found here.

If the debtor cannot make a chapter 13 payment on time according to the terms of the confirmed plan, the debtor should contact his or her attorney, if represented, or the Chapter 13 trustee to explain the problem. Under certain circumstances, the Chapter 13 trustee may agree to allow the debtor to catch up on the missed plan payments.  Significant changes in the debtor’s circumstances may require that the plan be amended by motion of the debtor.  The debtor may also be able to seek a temporary stay of plan payments by filing a motion for a moratorium.  The debtor may also seek an order for a hardship discharge to obtain a limited Chapter 13 discharge and end the Chapter 13 case if certain criteria are met.  If the problem in payment is permanent and the debtor is no longer able to make payments under the plan, the trustee may request that the Bankruptcy Court dismiss the case or convert the case to one under another chapter.

The Bankruptcy Code, Rules and Forms can be viewed on this web site or at law libraries.

The Clerk's office can answer questions about required forms and filing fees.

The bankruptcy trustee is appointed in all Chapter 7, 12 and 13 cases and in some Chapter 11 cases. The trustee administers the bankruptcy estate and presides at the first meeting of creditors (also called the "341 meeting" ). In a Chapter 7 case, the trustee liquidates the debtor's assets by collecting and selling non-exempt estate property. In a Chapter 13 case, the trustee collects money from the debtor each month over a period of 3-5 years and distributes it to creditors according to the debtor's repayment plan. The trustee can require the debtor to provide information and documents before, during or after the meeting of creditors.