Process Service on Bankruptcy Debtors in New York

Process Service on Bankruptcy Debtors in New York presents unique legal challenges that go beyond traditional civil litigation. When a defendant has filed for bankruptcy protection, creditors, attorneys, and other parties must navigate strict federal and state rules to ensure service is lawful and enforceable. The automatic stay under 11 U.S.C. §362 and the procedural requirements of the Federal Rules of Bankruptcy Procedure (FRBP) create a complex environment where standard process service methods may not apply. Understanding how to properly serve debtors during or after bankruptcy is crucial to protecting legal rights and maintaining compliance with court orders.

At Undisputed Legal, we specialize in handling process service on bankruptcy debtors in New York with precision and compliance. Our experienced process servers understand how to coordinate between state civil courts and federal bankruptcy proceedings, ensuring that all service attempts align with the automatic stay and court jurisdiction rules. Whether serving adversary proceedings, subpoenas, or post-petition notices, we help attorneys and creditors proceed confidently within the boundaries of bankruptcy law.

To serve a bankruptcy debtor in New York,  it is necessary to follow both state civil procedure (the CPLR) and federal bankruptcy law. When a debtor files for bankruptcy, an automatic stay under 11 U.S.C. §362 stops practically all litigation, judgements, and collection operations right away. This includes service of process in civil cases that are already going on. Going ahead without permission from the court might break the stay and lead to fines or other punishments.

If the issue comes up in bankruptcy court, like a disagreement over discharge, fraud, or relief from stay, it becomes an adversary process that is governed by the Federal Rules of Bankruptcy Procedure (FRBP), specifically Rule 7004, which tells how to serve summonses and complaints. This rule lets you serve someone via first-class mail, in person, or through their lawyer. In a civil lawsuit in state court, for example, the plaintiff must first check to see if the bankruptcy case is still open and if the automatic stay applies. New York CPLR §308 and other New York standards still control proper service, but all actions must follow federal bankruptcy rules.

• In adversary procedures, the process must be served quickly (typically within seven days of issuance) and come with proof of service and the Adversary Proceeding Cover Sheet (Form 1040). 
• Unless told otherwise, defendants have 30 days to respond. 
• FRBP Rule 7055 and Federal Rule 55 specify what happens when someone defaults, and the bankruptcy court can issue a default judgement if the defendant doesn’t react.

 When someone files for bankruptcy, the automatic stay under §362 stops almost all civil process service.

• Parties need relief from the stay to keep going with any civil case or service attempt.
• Service in adversarial proceedings follows FRBP Rule 7004, which says that service can be done by mail or in person.
• Debtors can use automatic stay or discharge as defences in later civil cases.
• Not serving someone properly or on time might lead to dismissal or penalties.
• Private process servers like those at Undisputed Legal make sure that both CPLR and federal bankruptcy rules are followed.
  

Frequently Asked Questions

1. What happens to a lawsuit when the person who is being sued files for bankruptcy?
   Under federal law, an automatic stay goes into force as soon as a person files for bankruptcy. This stay puts most lawsuits, foreclosures, wage garnishments, and service attempts on hold. 
2. Is it still possible for a plaintiff to serve legal papers on a bankruptcy debtor?
   This depends. If the debtor is still in bankruptcy, the plaintiff must ask the bankruptcy court to lift the stay before filing new documents in a state or federal lawsuit.
3. What does it mean to have an adversary proceeding in bankruptcy?
   An adversary proceeding is a distinct lawsuit that happens within a bankruptcy process. For example, it could be to find out if a debt can be discharged, object to the discharge, or get back property. It has its own docket, complaint, and summons, and it serves them according to FRBP Rule 7004.
4. How do you complete service in an adversary proceeding?
   According to Rule 7004, service  of papers can be done by sending it via first-class mail to the debtor, their lawyer, or the trustee. You can also serve someone in person. You must file proof of service with the court right away.
5. How long do you have to serve after the summons is issued?
   Under FRBP 7004(e), the plaintiff has seven days to serve the summons and complaint. Parties must file a Certificate of Service after service that explains how and when it was done.
6. What is Form 1040, the Adversary Proceeding Cover Sheet?
   This mandatory form gives a short summary of the important parts of the adversarial case, such as the parties, the type of suit, and the legal foundation for the case. When the case starts, it must be sent in with the complaint.
7. What happens if the debtor doesn’t answer the complaint?
   If the debtor doesn’t file an answer within the time limit (usually 30 days), the plaintiff can ask for a default judgement under FRBP Rule 7055 and Federal Rule
8. Can a creditor keep going with a state court case while the bankruptcy is still going on?
   No, not without permission. The creditor must submit an application for relief from stay in bankruptcy court and get an order that lets the litigation go ahead.
9. What can a debtor say to protect themselves if they are sued after bankruptcy?
   The automatic stay, which stops the case, and discharge, which frees the paery from having to pay certain obligations, are two common defences. A debtor may also say that the debt was already settled in bankruptcy.
10. Is it possible to get rid of all debts in bankruptcy?
    No. The debtor can’t get rid of some debts, such child support, alimony, most taxes, school loans, and criminal fines. People who want to contest a discharge must do so through an adversarial proceeding.
11. What happens if the service is not done right?
    If the service is not done correctly, the case may be thrown out or thrown out. In bankruptcy, it may also break the automatic stay, which could lead to sanctions or contempt penalties for the serving party.

Filing for bankruptcy is often seen as a last choice. This is not always true.  Most parties look for a new financial start via the bankruptcy process. Federal legislation establishes the eligibility to petition for bankruptcy, and federal courts have exclusive jurisdiction over such matters. 

Within a bankruptcy case, there may be additional lawsuits filed as adversary proceedings. Anyone from the debtor or creditors to the bankruptcy trustee may be the plaintiff who files a complaint with the bankruptcy court and then serves it on the defendant. Involving a private process service agency such as Undisputed Legal can be very helpful in making sure that service of your papers during this tough time goes by smoother and without hassle. 

One possible way to have a clean slate financially is to file for bankruptcy and have your obligations discharged. Additionally, you may be able to temporarily halt the repossession of your vehicle or house due to tax or mortgage arrears, or the garnishment of your salary as a means of debt collection.

Not all financial issues can be resolved via bankruptcy. This is also not the best course of action for everyone. It is common practice to continue making payments to creditors when you owe money on things like mortgages or auto loans if you want to maintain possession of such assets. Secured creditors may be made to receive payments over time in a bankruptcy, but the debtor won’t usually be able to maintain the collateral (house or vehicle) unless they keep up with the payments. Child support, alimony, most student loans, court restitution orders, criminal penalties, and some taxes are among the sorts of obligations that cannot be discharged via bankruptcy. Debts that come up after the debtor files for bankruptcy may not be dischargeable via that process. 

How can I decide which chapter of bankruptcy to file?

Most individuals who declare bankruptcy do so under either Chapter 7 or Chapter 13. Filing a petition with the court to have the individual’s (or company, partnership or any other business entity’s) debts discharged is the first step in a Chapter 7 bankruptcy case. The primary goal of filing for Chapter 7 bankruptcy is to eliminate or discharge all of the debtor obligations by relinquishing some property. What the law calls “exempt” objects are the ones the party may retain. A discharge from bankruptcy may still be obtained by individuals in certain situations.

Filing for Chapter 7 bankruptcy protection may not be the party’s best option if they are having trouble keeping up with their mortgage or auto loan payments. Creditors who possess mortgages or auto loans may still seize your property to repay their debts, even if you file for Chapter 7 bankruptcy. To qualify for Chapter 7 bankruptcy, your income must also be below a certain threshold. 

A Chapter 13 bankruptcy involves outlining a three- to five-year repayment plan for a portion of debtor obligations. Parties must have a sufficient income to cover your basic living expenses and timely payments in order to initiate a Chapter 13 bankruptcy case.

Before declaration of Bankruptcy, is anything else required? 

Within 180 days prior to filing for bankruptcy, the party will be required to attend a credit counselling session that has been authorised. Along with the bankruptcy paperwork, the debtor is required to provide a certificate from a recognised organisation attesting to the completion of the counselling session.

 Either federal law or New York state law may apply to exemptions applicable. What matters for the exempt goods  is not how much the initial price was, but rather its current market value. Vehicles and furniture could be worth a fraction of what was initially paid or what it would cost to replace them. Further,  the event that parties do not own their house or vehicle in its entirety, their creditors may acquire what is known as a “security interest.” That creditor got a mortgage on the house or other property. Creditors may seize and sell the house or vehicle, either before or after the party has filed for bankruptcy, if they default on payments on this kind of secured debt. 

Bankruptcy Court Proceedings

When someone files for bankruptcy (e.g., under chapter 7, 11, 13), among the first consequences is the “automatic stay”. That stay halts “most” attempts to collect debts or begin or continue lawsuits against the debtor. If a party is attempting to serve a civil summons (outside of a bankruptcy adversary proceeding), the automatic stay may block the ability to proceed until relief from stay is obtained. Thus, before attempting service or pressing forward in litigation, it is necessary to check  whether the debtor has filed bankruptcy and whether the claim is subject to the stay.

Meanwhile, Federal Rules of Bankruptcy Procedure (FRBP), especially Rule 7004, govern service in adversary proceedings. If the claim is part of or relates to a bankruptcy case (for example via an adversary proceeding), the party must comply with those service rules. Even beyond adversary proceedings, if the debtor is represented by counsel in their bankruptcy case, service upon that attorney may sometimes be required under certain rules.

New York Civil Procedure Rules (CPLR) govern service in state court. Those rules do not automatically yield to bankruptcy rules, but the debtor status may create conflicts or impose additional requirements, especially when service implicates collection or judgment of debts being addressed by the bankruptcy. Where a civil lawsuit is for a debt discharged or subject to discharge, or where the debtor has invoked bankruptcy protections, courts will pay heightened attention to whether service was properly executed and whether the stay applied.

First, identify whether your action is an adversary proceeding or an independent civil lawsuit. If it is an adversary proceeding (e.g., to determine dischargeability, seek relief from stay, object to discharge), service must follow FRBP Rule 7004, which imports many provisions of FRCP Rule 4. 

Default judgements in Bankruptcy cases

 It is crucial to note that Federal Rule 55(a) stipulates that the clerk is required to record the party’s default when they have not pleaded or otherwise defended, as shown by affidavit or any other means.  At the request of the plaintiff and with an affidavit indicating the amount due, the clerk is required to enter judgement for the plaintiff’s claimed amount plus costs against a defendant who has defaulted due to nonappearance.

Another option is for the plaintiff to request that the bankruptcy judge, not the clerk, issue a default judgement under Rule 55(b)(2). Ahen a defendant does not respond to a summons and complaint, the bankruptcy court can enter a default judgement based on implied consent.

There are a number of options available to debtors outside chapter 7 relief. Corporations, partnerships, and sole proprietorships are all examples of business debtors that may seek to avoid liquidation in favour of continuing operations. Those in such a financial bind may want to look into Chapter 11 Bankruptcy. The debtor has the option to seek a reduction in debt or an extension of payback time under chapter 11, or they may seek a more extensive reorganisation. The Bankruptcy Code’s Chapter 13 provides some relief to sole proprietorships as well. 

The Bankruptcy Code mandates the use of a “means test” to ascertain if the debtor’s chapter 7 petition is presumptively abusive if their “current monthly income” exceeds the state median. The only way for the debtor to disprove the abuse assumption is to provide evidence of exceptional circumstances that warrant either more monthly payments or modifications to their existing income. Whatever form of bankruptcy process that a party prefers, we at Undisputed Legal can help ensure that your papers get served. 

Requirements for a bankruptcy adversarial procedure

Debtors and other defendants in adversarial proceedings must strongly defend themselves in these litigations because they have the power to resolve crucial issues in a bankruptcy case. The adversary procedure is considered to be an independent matter from the bankruptcy case, and as such, it receives its own docket number and entries. In New York State Supreme Court, the defendant must respond to the plaintiff’s complaint and motions and may have to defend themselves in court. 

Filing a complaint is the first stage in an adversarial procedure. Anyone may submit a complaint with the bankruptcy court; regardless of whether it’s the debtor, a creditor, or the trustee. The plaintiff must specify the remedy sought in the complaint, the facts and legal reasons for the bankruptcy court’s jurisdiction, and the rationale for the court’s authority to hear the case. Additionally, the plaintiff is required to pay the filing fee and serve the defendant with the complaint and summons. Failure to comply with the requirements for the proper service of the complaint and summons may result in the dismissal of the case.

The court must be notified of the proof of service. Unfortunately, process service often  gets prolonged when the defendant attempts to evade service. A private process service agency like Undisputed Legal can prevent this from happening If the plaintiff can demonstrate that they have endeavoured to serve the defendant in good faith, the court may permit other means of service.

The parties begin the discovery process after the complaint is served.  The court’s seal, the clerk’s signature, the names of the parties involved, the court’s name and address (if any), the defendant’s name and address, the deadline for the defendant to appear and defend (regardless of whether an attorney is named), and the notice that judgement by default will be rendered against the defendant for the relief demanded in the complaint are all requirements of the summons. 

The court will often establish a deadline, generally between sixty and ninety days, for discovery to be completed. Additional court hearings and delays might result from the parties’ disagreement on the material that has to be revealed.

The debtor may be personally served or served by mail with a summons and complaint. It is mandatory for the organisation to additionally send a duplicate of the complaint and summons to the debtor’s counsel if it opts to serve the debtor by mail. 

The Adversary Process Cover Sheet: What Is It?

A party initiating an adversary process is further required to fill out and submit Form 1040, which is the Cover Sheet for the Adversary process. The cover page provides a brief overview of the adversary’s investigation. For the adversarial procedure to be processed, the clerk of the court requires a distinct cover sheet for each complaint submitted. 

A defendant is notified of the initiation of an adversarial action and the necessity to file a motion or response by a summons. If a defendant does not answer, the bankruptcy court may assume that they agree to the entry of a judgement, and they may be sued for the relief sought in the complaint by judgement by default. A pre-trial conference date for the matter may also be included in the summons.

The plaintiff will be sent with a summons to serve upon them after the adversarial action has begun. Within seven days after the summons is issued, the plaintiff is required under Federal Rule of Bankruptcy Procedure 7004(e) to serve a copy of the complaint and the summons on each defendant. In most cases, this may be accomplished by sending the summons and complaint to each defendant by first class mail, as per Federal Rule of Bankruptcy Procedure 7004(b) or by a non-party, adult recipient (Federal Rule of Bankruptcy Procedure 7004(a)). After process has been served, the plaintiff is required to submit a Certificate of Service detailing the procedure to the court.

Requirements of a Defendant’s reply/ answer

A formal written document that states a defendant’s response to a complaint is called an answer. The defendant is required to serve a response within 30 days after receiving the summons, unless the court specifies an alternative deadline, following the proper service of a complaint.

In a bankruptcy proceeding involving a debtor, the defendant is required to serve the plaintiff (or their attorney, if applicable) and the Trustee with a response. Sending a response to the address given in the complaint is the standard method of serving the plaintiff or their attorney. The Clerk’s office has a Certificate of Service form that you may get. Both the defendant’s response and the certificate of service need to be submitted to the court.

When someone is sued civilly, several defences become more important.  One is that the creditor didn’t check to see if the defendant was in bankruptcy or that they went on with the case even though the automatic stay was in effect.  A debtor can use the stay as a defence.  If a judgement is made that goes against the stay, the debtor might ask for it to be overturned.

 It is also important to know if the debt is paid off.  If the debtor has had that debt wiped out in bankruptcy, they may not be able to sue for it.  The debtor may assert discharge as a defence.  If not raised, the plaintiff may try to argue that the obligation can’t be discharged or that there is an exception (like certain taxes or fraud).

 Timing is really important.  According to New York’s civil procedural rules (CPLR), service must be done by specified deadlines, such as 120 days after the start of the case.  If service is late, the case could be thrown out.  The creditor must be careful when bankruptcy is involved since delays can make things worse, such as when filing for bankruptcy, stay periods, and deadlines in the bankruptcy process (for example, deadlines to file proofs of claim). As such, involving a private process service agency such as Undisputed Legal could ensure that your case moves smoothly. 

PROFESSIONAL CREDENTIALS & MEMBERSHIPS

Best Practices

Executing Process Service on Bankruptcy Debtors in New York demands a meticulous understanding of both state civil procedure and federal bankruptcy law. The most critical best practice is to verify the debtor’s bankruptcy statusthrough PACER or the U.S. Bankruptcy Court before attempting service. This ensures compliance with the automatic stay under 11 U.S.C. §362 and prevents improper filings that could be sanctioned.

The second best practice is to determine whether the matter constitutes an adversary proceeding or a continuation of a state civil case. Each requires a different procedural approach under Federal Rule of Bankruptcy Procedure 7004 or New York CPLR 308. Process servers should also document every attempt of service in detail, including method, location, and timing, as courts closely scrutinize service attempts involving bankruptcy debtors. Finally, ensure all affidavits of service clearly specify that the debtor’s bankruptcy status was verified and that service was conducted in accordance with applicable federal and state rules. At Undisputed Legal, these safeguards are standard practice — protecting your case from procedural errors and ensuring that service stands up to judicial review.

Case Studies

In one notable case, an attorney representing a creditor sought to proceed against a debtor who had filed Chapter 13 bankruptcy in the Eastern District of New York. Previous attempts at service were rejected due to procedural errors involving the automatic stay. Undisputed Legal was retained to handle the process service. Our team verified the bankruptcy docket, confirmed active status, and coordinated with the bankruptcy trustee to ensure proper notice. Service was then executed through FRBP 7004(b)(9), and the court accepted the filing without objection, allowing the creditor’s claim to move forward.

In another matter, a law firm required process service on a bankruptcy debtor in New York for an adversary proceeding alleging fraudulent transfer. The debtor had relocated to another state. Undisputed Legal conducted a multi-jurisdictional service plan, using both certified mail and personal delivery as permitted under the rules. Our detailed affidavit of service satisfied both the bankruptcy court and the state court, resulting in a timely and legally compliant proceeding. These cases illustrate how proper procedural knowledge and diligence can make the difference between dismissal and success in complex bankruptcy-related litigation.

Trusted Legal References for Process Service

Undisputed Legal Inc. – Process Service (Domestic & International)
Provides expert process service across all 50 U.S. states and in more than 120 countries, ensuring complete compliance with state, federal, and international service requirements under treaties like the Hague Service Convention.
Phone Number: 212-203-8001

U.S. Courts – Federal Rules of Civil Procedure (Rule 4: Process)
Specifies the legal framework for the issuance and service of process in federal civil cases, outlining who can serve, how service must be made, and the proof-of-service standards.
Phone Number: 202-502-2600

U.S. Department of Justice – Service of Process Abroad
Provides federal guidance on serving judicial and extrajudicial documents internationally, including procedures for Hague and non-Hague countries.
Phone Number: 202-514-2000

National Center for State Courts – Civil Procedure & Process Service Resources
Offers access to state-by-state resources, rules, and guidelines for service of process, including updates on legal procedures and due process requirements.
Phone Number: 800-616-6164

Hague Conference on Private International Law – Service Convention (1965)
Provides the international legal framework governing cross-border service of judicial documents, ensuring uniformity and recognition across more than 75 member nations.

Additional Resources

Why Choose Undisputed Legal

When you require Process Service on Bankruptcy Debtors in New York, experience and compliance are non-negotiable. Undisputed Legal brings decades of experience serving legal papers across state and federal jurisdictions, with a deep understanding of how bankruptcy law intersects with civil process. Our process servers are trained in the Federal Rules of Bankruptcy Procedure, New York CPLR, and FRBP 7004 service requirements, ensuring every service complies with court standards.

We take pride in providing court-compliant affidavits, real-time tracking, and transparent communication throughout the service process. Our team routinely handles high-stakes matters involving Chapter 7, 11, and 13 debtors, coordinating with trustees, attorneys, and the courts to maintain procedural integrity. With Undisputed Legal, you gain not just a service provider — but a trusted partner dedicated to protecting your legal interests through accuracy, diligence, and compliance.

Conclusion

The laws governing Process Service on Bankruptcy Debtors in New York require more than basic procedural knowledge — they demand precision, verification, and an unwavering commitment to compliance. A single misstep can result in sanctions, dismissed filings, or delayed proceedings. By partnering with experts who understand both bankruptcy and state civil procedure, attorneys and creditors can move forward confidently, knowing that every requirement has been met.

Undisputed Legal has built a reputation for reliability and legal accuracy, serving bankruptcy debtors with integrity and efficiency across New York’s courts. Whether your case involves a complex adversary proceeding or a continuation of civil litigation post-bankruptcy, our experience ensures that your service of process remains valid, timely, and enforceable.

ORDER PROCESS SERVICE TODAY

When precision matters, trust Undisputed Legal to handle Process Service on Bankruptcy Debtors in New York with complete compliance and professionalism. Our team ensures your service meets the standards of both the Federal Rules of Bankruptcy Procedure and New York Civil Practice Law and Rules, protecting your filings and upholding due process.

We coordinate directly with attorneys, trustees, and court clerks to guarantee every step is executed correctly — from verifying bankruptcy status to filing the proof of service. Don’t risk costly procedural mistakes or rejected filings. Contact Undisputed Legal today to schedule a consultation or Order Process Service Online for fast, accurate, and compliant results anywhere in New York.

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FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and efficient service of your documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

• Prompt and professional service of process
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• Rush service for time-sensitive matters
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• Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the important task of serving legal papers for you. Our diligent, professional service helps attorneys, pro se litigants, and parents ensure their papers are served correctly and on time.

Take the first step towards ensuring proper service in your case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving your documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

¹ Section VII of the Federal Rules of Bankruptcy Procedure governs these proceedings

² Chapter 7, Title 11, United States Code

³ Chapter 13 of the United States Bankruptcy Code provides an individual with the opportunity to propose a plan of reorganization to reorganize their financial affairs while under the bankruptcy court’s protection

In exceptional circumstances, such as when you own a small company or a family farm, you may be eligible for a different kind of bankruptcy.

⁴ 11 U.S.C. §§ 101(41), 109(b

⁵ However, creditors get the proceeds from the sale of non-exempt property. The remaining obligations will be discharged when your creditors have been paid from the available funds. It is possible that your creditors will not be able to get their hands on any of your property because it is exempt.

⁶ The debtor’s level of equity in these products is one of several elements that will determine this.

⁷ In addition to the petition, the debtor must also file with the court:

1. schedules of assets and liabilities; 
2. a schedule of current income and expenditures; 
3. a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b)

⁸ If the debtor’s “current monthly income” is more than the state median, the Bankruptcy Code requires application of a “means test” to determine whether the chapter 7 filing is presumptively abusive

⁹ If you are able to keep up with the payments to your creditors in a Chapter 13 case, you will be allowed to retain important possessions like your house and vehicle. 

¹0 Filing for bankruptcy, however, may not be the best option in the following cases:

1. Child support, some college loans, criminal penalties, and other non-dischargeable obligations are not dischargeable in bankruptcy;
2. Pending income tax returns
3. You are immune to collection efforts (all of your income and assets are protected from judgement;);
4. Debt will re-emerge shortly after your release;
5. Filing for bankruptcy would mean losing a lot of valuable, non-exempt assets.
   

¹1 11 U.S.C. §§ 109(g), 362(d) and (e

¹2 11 U.S.C. §§ 109, 111.

¹3 If your assets are “exempt” from creditors’ claims under Chapter 7, you may retain them.

¹4 New York’s exclusions are as follows:

1. Your home’s equity must be at least $89,975 (it’s greater in some eastern New York counties);
2. Your vehicle’s equity of $4,825;
3. The majority of one’s apparel, home furnishings, and electronics (including a television and computer);
4. $3,575 for items like books, equipment, and other necessities for your career;
5. $1,175.00 in cash or other property, if your residence is not excluded;
6. Benefits, regardless of amount, such as child support, Social Security, Supplemental Security Income, Social Security Disability, unemployment insurance, veteran’s benefits, public assistance, retirement funds, and pensions. 
7. Filing jointly as a married couple doubles the amounts of the exemptions.
   

¹5 In most cases, filing for bankruptcy will not remove:

1. Spousal or child support payments;
2. Penalties imposed by the court;
3. compensation for wrongdoing (particular taxes)
4. obligations that did not appear on your bankruptcy petition;
5. debts for which you have admittedly provided incorrect information to a lender;
6. the vast majority of student debts, barring a judicial determination that repayment would impose an unreasonable hardship;
7. Unpaid liens and mortgages (however you may be able to discharge any extra debt owed in the event that the creditor sells the collateralised property via the bankruptcy process);
8. The sums spent on credit cards in the months leading up to your bankruptcy filing.
   

¹6 11 U.S. Code § 362 – Automatic stay 

¹7 Rule 55. Default; Default judgment. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/rules/frcp/rule_55

¹8 Stern v. Marshall | 564 U.S. 462 (2011), a 2011 Supreme Court ruling, makes it clear that bankruptcy courts do not have the constitutional power to make final decisions on specific issues, as this blog’s readers are well aware. 

Wellness Int’l Network, Ltd. v. Sharif, 135 S. As long as the litigant’s agreement is informed and freely given, the bankruptcy court may make final judgements on such subjects (Ct. 1932, 2015).

¹9 11 U.S.C. § 707(b).

²0 If, over the course of five years, the debtor’s monthly income, after deducting specific costs and payments made towards secured debt, is less than either (17,150) or 25% of the debtor’s nonpriority unsecured debt ($10,275 or 25% of the total, whichever is higher).

²1 Adversary proceedings | Eastern District of New York | United States Bankruptcy Court. (n.d.). https://www.nyeb.uscourts.gov/adversary-proceedings

²2 In a scenario where a creditor wants to dismiss a lawsuit for undue delay under §707(a), for instance, they must follow Rule 9014, which states that they must serve the trustee according to the procedures of Rule 7004, which is for the serving of summonses and complaints

²3 According to Rule 9006(b), a court might extend the seven-day term if it deems it impractical to serve the summons within that time. 

²4 Adversary proceedings | Eastern District of New York | United States Bankruptcy Court. (n.d.-b). https://www.nyeb.uscourts.gov/adversary-proceedings

²5 The summons is forwarded to the plaintiff’s attorney via CM-ECF via email if the plaintiff has legal representation. Without legal representation, the plaintiff who files in person with the court or via the U.S. mail will get the summons promptly. United States Postal Service in the event that the adversarial procedure is initiated by mailed documents.

²6 In accordance with Federal Rule of Bankruptcy Procedure 7005, service must be provided

²7 CPLR § 306-b

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