Questions and answers relating to general circumstances involving bankruptcy are available on the Frequently Asked Questions (FAQs) – Consumer Information page. The United States Trustee Program is prohibited from providing legal advice to private individuals.
Information about filing bankruptcy is available on the Web site of the federal bankruptcy courts at United States Bankruptcy Courts.
The full text of the federal Bankruptcy Code is available at the Law Information Institute Web site maintained by Cornell University Law School. See U.S. Code: Title 11 - Bankruptcy.
The Federal Bankruptcy Rules and Official Bankruptcy Forms are available on the federal courts’ Web site. See United States Bankruptcy Courts for more information.
For information on the “means test” under chapter 7 and chapter 13, see Means Testing.
The U.S. Trustee Program provides services and information for consumer bankruptcy filers who do not speak or understand English well. See Information for Individuals with Limited English Proficiency for more information on the following:
Resources may be available if you are in danger of losing your home because you are behind in mortgage payments. Government agencies that provide information and assistance include the Department of Housing and Urban Development (Find a Housing Counselor and Avoiding Foreclosure) and the Federal Trade Commission (Facts for Consumers).
In addition, you may be eligible to modify your mortgage to make your monthly payments more affordable through the Home Affordable Modification Program (HAMP), even if you have filed for bankruptcy relief. For more information on HAMP, please review the HAMP Fact Sheet in English [PDF - 268 KB] or Spanish [PDF - 268 KB] and the HAMP FAQs in English [PDF - 102 KB] or Spanish [PDF - 107 KB], or visit www.makinghomeaffordable.gov. Also available on this site is a video that describes HAMP -- what it is and how it works, particularly within the bankruptcy context. Click here to view the video.
Scam operators target people whose home mortgages are in trouble. For more information, refer to Bankruptcy Foreclosure or Mortgage Rescue Scams, the Homeowners' Concerns section of Frequently Asked Questions (FAQs) – Consumer Information, and this FBI and USTP issued Intelligence Assessment [PDF - 126 KB].
You may find more information on various types of financial fraud, including where to report financial fraud, at www.StopFraud.gov, the Web site of the President’s Financial Fraud Enforcement Task Force.
The U.S. Trustee Program approves pre-bankruptcy credit counseling agencies and post-bankruptcy debtor education providers that meet qualifications set by Congress. See Credit Counseling & Debtor Education Information for more information, including lists of credit counseling agencies and debtor education providers approved by the U.S. Trustee.
One of the core functions of the U.S. Trustee Program is to combat bankruptcy fraud and abuse. The Program works to protect consumer debtors from wrongdoing by attorneys, bankruptcy petition preparers, creditors, and others by pursuing a variety of remedies, including disgorgement of fees, fines, and injunctive relief. The Program also works to protect against fraud and abuse committed by debtors, by seeking denial of the bankruptcy discharge if the debtor has concealed assets or engaged in other violations, seeking dismissal of the bankruptcy case if a debtor is able to repay debts, and taking other enforcement actions.
Criminal enforcement is another key component of the Program’s efforts to uphold the integrity of the bankruptcy system. Federal law requires the Program to refer all cases of suspected bankruptcy fraud to the United States Attorneys for possible investigation and prosecution and, upon request, to assist the United States Attorneys in criminal enforcement actions.
Examples of the Program’s civil and criminal enforcement efforts against fraud and abuse in the bankruptcy system are found in the Program’s Annual Reports of Significant Accomplishments.