Maybe you just found out that one of your tenants filed a Chapter 13 bankruptcy. . .

Perhaps a company that owes you money filed a Chapter 11. . .

Or, one of your customers filed a Chapter 7.  

Chances are, you learned about the bankruptcy case in one of two ways: either you heard word of mouth, or received a notice in the mail. Where do you go for information about the case and your rights as a creditor?

There are several places you can go, but first, a word of warning:

DO NOT CONTACT THE DEBTOR DIRECTLY. IF YOU ARE A CREDITOR OF THE DEBTOR, YOU COULD BE VIOLATING THE AUTOMATIC STAY. THE PENALTIES CAN BE SEVERE.

The automatic stay is an injunction that goes into effect the moment the case is filed. If you take any steps that might be interpreted as attempts to collect a debt that is owed to you, the court could find you in contempt, disallow your claim, charge you a fine or take other steps against you. 

Instead, here's what you can do.

If You Have Received a Notice of Bankruptcy

Let's start with the Notice of Commencement of Case.

Most likely, the notice you received in the mail looks like this one, or this one. It's called a Notice of Commencement of Case. It's a good idea to hold onto it, because it contains some important information about your rights and about deadlines you need to heed.

There is no set form for the notice, and courts are free to include different items, so each one will look a little different.

Here are some common pieces of information you'll find:

• The Debtor's info, including any aliases or business names. address, identification numbers
• The Case Number
• The District and Division of the Bankruptcy Court where the case was filed
• The name and contact info for the debtor's attorney
• The name and contact info for any trustee that has been appointed in the case
• Important Dates, including the Meeting of Creditors and the deadline for filing claims

Be sure to check out the additional information, sometimes labeled as "Explanations." 

If You Have Not Received a Notice

PACER Database:  If you don't know where the case was filed, a good place to start is with the federal government's case locator called PACER, which you can access at www.pacer.gov. 

After registering for the service, you can enter the name and any other info you may have and get the case number, court name and access to the case's docket page.

For most cases in the federal system, PACER has not only basic case information, but access to the docket (listing of events in the case) and access to actual documents filed in the case. In a bankruptcy case, you can obtain copies of the schedules, motions, notices, briefs, transcripts, orders and any other public document.

The system requires that you register before you can use it. There is a cost for access to documents of 10 cents per page, but iif you accumulate less than $15.00 in charges in any given quarter, the fees are waived and you will not be billed.  

Bankruptcy Court Clerk's Office:  If you know what bankruptcy court the case was filed in, you can call the clerk's office of the court. Most have an automatic system that will look up the case information for you, or you can get access to a live person who can help you. Here's a link to the Federal Court Locator. Click on the state where you think the case is filed, then on the court for the city nearest the location of the debtor. If it turns out that the case is in a different location, the court personnel should still be able to help you find the correct court.

You'll be able to get the case name, number, Debtor's attorney contact information, and the date of filing.

Finding Out How You're Involved in the Case

The Notice of Commencement of Case is sent to all the creditors of the debtor and anyone else who might have an interest in the case, like landlords, vendors, employees, etc. If you don't know exactly how you're involved, there are several ways to get more information.

The Debtor's Attorney:  The most efficient way to learn how you're listed is to call the office of the debtor's attorney. The contact information is listed on your notice or you can get it from the court clerk's office (see above) or from PACER. 

Generally, the attorney's office will be happy to provide you basic information on the case, but the debtor's attorney will not give you legal advice. If you ask a question and are told that the attorney cannot help you, do not be offended. The staff is just doing its job of representing the debtor.

The Trustee: The contact information for the trustee will be also be listed on the notice or can be obtained through the clerk's office.

Please be advised, however, that the trustee's office will not likely take the time to answer routine questions from creditors. They will most likely refer you to the debtor's attorney. There's a good reason for this. A trustee has hundreds of cases to administer, and especially when a case is first filed, the trustee will not have access to the information you want. In addition, the trustee's office will not have the resources in money or manpower to field a lot of detailed questions from creditors. 

Because the trustee is charged with the duty of liquidating assets or receiving payments in a Chapter 13 case, it is appropriate to contact a trustee about issues involving payment of claims, challenges to exemptions, and claims litigation.