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Debtor FAQs

  • Do I have to stand in line?

    The Clerk's Offices are all open Monday through Friday from 8:30 a.m. - 4:00 p.m. To avoid standing in line, it is suggested that you avoid our busiest times of the day, which are 11:00 a.m. - 1:00 p.m. and 3 p.m. - 4 p.m.

    Court Locations

  • What is the policy on refunds?

    REFUND POLICY

    Filing Fees

    Pursuant to the Guide to Judiciary Policies and Procedures Volume 4, filing fees may not be refunded if the filing was in error or the case is dismissed.

    The following filing fees may not be refunded if it later appears that the filing of the document incurring the fee was in error.

    • Bankruptcy Petition Filing Fee
    • Motion/Notice of Conversion Filing Fee
    • Motion to Reopen Filing Fee
    • Adversary Complaint or Notice of Removal Filing Fee
    • Notice of Appeal Filing Fee
    • Motion for Relief From Stay or to Modify Stay Filing Fee
    • Motion to Compel Abandonment Filing Fee
    • The fee for filing any paper where there is not a pending case, to include registering a judgment from another district
    • Fee for de-consolidation of a joint case

    Refundable Payments

    The following are examples that may be refunded:

    • The filing fee can be refunded when it is paid and receipted where there is no requirement that a filing fee be paid.
    • A refund can be made when an overpayment is received for any of the required statutory filing fees. The court is only entitled to the prescribed amount.

    Request for Refund

    Requests for refunds must be submitted in writing if filed by a pro se debtor/client. Attorneys must file refund requests in motion form through CM/ECF and must also upload a corresponding order. Financial administration staff will route all requests for refunds through CM/ECF to the appropriate judge.

  • What is a Reaffirmation Agreement?

    An agreement by a chapter 7 debtor to continue paying a dischargeable debt (such as an auto loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the car) that would otherwise be subject to repossession.

    The party filing a reaffirmation agreement is required to also file a "Reaffirmation Agreement Cover Sheet." The reaffirmation agreement should be filed with the court only after all information is completed and signed by the debtor(s) and the creditor in Part III, and the attorney for the debtor(s) in Part IV, if the attorney represented the debtor(s) during the negotiation of the agreement.

    Unrepresented parties must also complete and file Form B 240B Motion for Approval of Reaffirmation Agreement. After the motion is filed, the court will set a hearing before the bankruptcy judge to consider the approval of the agreement and the parties will receive notice.

    Video: Discussion on Reaffirmation

  • Where can I obtain petition forms?

    If hiring an attorney is not possible, debtors can obtain bankruptcy petition forms from legal stationery stores. Forms can also be downloaded online.

  • What is a motion for relief from the automatic stay?

    In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.

    A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. Local Bankruptcy Rule 4001-1 prescribes the procedures for filing a motion for relief from the automatic stay. (Each motion shall be supported by all documents which assert a valid perfected security interest or support an assertion of lack of adequate protection or of equity in that property.)

    The filing fee for a Motion for Relief from the Automatic Stay is $199.00. The original Motion for Relief from the Automatic Stay is required upon filing.

    A downloadable Relief From Stay Manual is available to explain the process in detail.

  • What is a Means Test?

    Section 707(b)(2) of the Bankruptcy Code applies a “means test” to determine whether an individual debtor’s chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor’s aggregate current monthly income over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor’s nonpriority unsecured debt, as long as that amount is at least $6,000.

  • Where can I get bankruptcy information before I file?

    You can find bankruptcy information before you file at the link below:

    Before you file

  • What are the filing fees?

    Current filing fees are posted on this website at Bankruptcy Filing Fees.

     

  • Where do I file?

    The Court has divisional offices located in Phoenix, Tucson, and Yuma. All cases are assigned to an office based on county, though filing of documents and payment of fees is accepted at any office. Refer to chart below. Click here for location specific information.

     

    County

    		 Office Code
    Apache Phoenix 2
    Cochise Tucson 4
    Coconino Prescott 3
    Gila Phoenix 2
    Graham Tucson 4
    Greenlee Tucson 4
    La Paz Yuma 0
    Maricopa Phoenix 2
    Mohave Yuma 0
    Navajo Phoenix 2
    Pima Tucson 4
    Pinal Tucson 4
    Santa Cruz Tucson 4
    Yavapai Prescott 3
    Yuma Yuma 0

     

  • Can the court waive the chapter 7 filing fee?

    An application to waive the chapter 7 filing fee can be filed at the time of opening a case. The application is available under the forms section of this website.

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