• Are bankruptcy proceedings public information?

    Yes, once a bankruptcy petition is filed, all information submitted regarding the debtor or entity becomes a matter of public record, no matter what the outcome of the case.

  • Can the clerk's office give legal advice?

    No, pursuant to 28 United States Code § 955.

    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 or assisting with preparation of the forms. 

  • Do I need an attorney to file for bankruptcy?

    While it is possible to file a bankruptcy case "pro se," that is, without the assistance of an attorney, it is recommended that a person considering bankruptcy consult with an attorney prior to filing a case. The court is not able to give legal advice or help fill out the forms. For more information about referral of an attorney contact the North Dakota Bar Association Lawyer Referral Service at 701-255-1406 or 800-932-8880. 

  • How can I get information about a case (debtor's name, case number, chapter)?
    • McVCIS (Voice Case Information System) Available 24 hours a day - 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.ndb.uscourts.gov
    • Clerk's office 8:00 - 4:30 (701-297-7100)
  • How do I find out who the trustee is in a case?

    The court prints the name of the trustee in a Chapter 7, Chapter 12, or Chapter 13 bankruptcy case at the top of the case docket and on many of the forms. You may obtain the trustee's name by contacting the clerk's office.

  • How do I get a bankruptcy removed from the credit report?

    The bankruptcy court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 United States Code Section 605, is the law that controls credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove Chapter 11 and Chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters. You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems. For information on credit practices, contact (202) 326-3224.

  • How do I know if a Credit Counseling Agency has been certified by the United States Trustee?

    The United States Trustee maintains a listing on their web site of credit counseling agencies and financial management courses within the District of North Dakota that have been certified. A link to the listing is also located on the court's website at www.ndb.uscourts.gov.

  • How do I know if I qualify to file In Forma Pauperis (IFP)?

    First, the ability to proceed In forma pauperis  is available only in Chapter 7 cases. Secondly, IFP status is available only to a Chapter 7 individual debtor who: (a) has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (available at the Office of the US Trustee link) applicable to a family of the size involved; and (b) is unable to pay that fee in installments. Requests to proceed IFP must be filed, using the Official Fee Waiver Application Form (available at United States Courts Bankruptcy Forms Page) at the same time as the petition. This application will be approved or denied by the presiding judge. 

  • How many years will a bankruptcy show on my credit report?

    7 to 10 years

  • How much are the court fees to file a bankruptcy