BANKRUTPCY

CS 890P-1 Bankruptcy – General Information and Voice Case Information System (VCIS) Instructions

09/01/86 Revised 09/13/16 Training Completed 03/20/13 Last Reviewed 11/04/25

U.S.C. Title 11 §501(a), U.S.C. Title 11 §502(a), U.S.C. Title 11 §507(a)(1); U.C.A. 78B-02-112; Bankruptcy Court Local Rule 2083-1(g)

ORS/CSS Receives Bankruptcy Notice

The Office of Recovery Services/Child Support Services (ORS/CSS) may be notified of a bankruptcy in any of the following ways:

· Attorney;

· Bankruptcy Filed alert;

· Custodial Parent (CP);

· Noncustodial Parent (NCP);

· ORS Administrative Staff (see CS 890P – Bankruptcy – Overview, Definitions, and Alerts/Events); or,

· Copy of the Notice of Bankruptcy.

If you are notified of a bankruptcy in any of the above ways or in any other way, it is important to follow-up on the information as the stay on enforcement and/or other restrictions are effective, even if you do not receive a copy of the Notice of Bankruptcy document.

A Notice of Bankruptcy is typically sent to ORS Administration; however, it is possible for the assigned case worker to receive the Notice of Bankruptcy directly from the Bankruptcy Courts or to be notified through another source (e.g., phone call from an attorney or filing party). If the assigned agent receives notification of the bankruptcy before ORS Administration receives the documentation, s/he should obtain copies of the Notice of Bankruptcy and should update ORSIS. The Notice of Bankruptcy should then be routed to the Central Imaging Unit (CIU) to be imaged into Content Manager as mail.

Generally, the Notice of Bankruptcy will be mailed to ORS/CSS. The imaged Notice of Bankruptcy will be forwarded to the mailbox of an ORS Administration staff member for further processing. When the ORS Administrative staff member receives the imaged Notice of Bankruptcy, he/she will take the following steps:

1. Research the Notice of Bankruptcy on ORSIS to identify the participant(s) involved, case number(s), and assigned worker(s).

2. Complete the appropriate ORSIS screens. ORSIS must be updated even if the case is suspended or pending so that ORSIS is able to send an alert to all workers in ORS who may have a case with the NCP. If ORSIS has not been updated correctly when the ORS Administrative staff member receives the Notice of Bankruptcy, he/she will update ORSIS with the appropriate information.

3. The imaged copy of the Notice of Bankruptcy will be reattributed from “Mail” to “Notice of Bankruptcy” and assigned to all of the case numbers for that participant.

Attorney General’s Office (AGO) Receives Bankruptcy Notice

When the Notice of Bankruptcy is received by the AGO from the ORS Administrative staff, it is researched by a paralegal and then forwarded to the appropriate attorney. After reviewing the notice and research received from the paralegal, the assigned attorney:

1. May contact the agent assigned to the case to see if CSS should object to the bankruptcy, send a letter, etc., if needed.

2. Will determine if a Proof of Claim form has been filed with the courts. If not, the attorney will:

a. Send an e-mail to the assigned agent to send the form to the bankruptcy court;

NOTE: Once the Proof of Claim is filed with the bankruptcy court, the court will inform the bankruptcy trustee of any updates on the bankruptcy case.

b. Continue to monitor the case for the form until it is filed with the bankruptcy court; and,

c. Monitor any actions taken by the AGO for the bankruptcy or other actions.

NOTE: The agent assigned to the case is responsible for monitoring the bankruptcy case and taking appropriate actions; however, if the agent has any questions regarding the bankruptcy, s/he should contact the appropriate attorney.

Bankruptcy Court Voice Case Information System (VCIS) Instructions

VCIS is an automated, speech-synthesized system tied directly to the State of Utah Bankruptcy Court’s main database. It will report basic case information for all cases filed since January 1, 1985.