Filing for Bankruptcy

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Filing for Bankruptcy in Maryland

Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court. You can file a petition for bankruptcy with the local U.S. Bankruptcy Court, District of Maryland. Depending on where you live (or have assets), your local District Court may be in Greenbelt or Baltimore. 

Filing can be completed:

  • in person
  • by mail
  • e-filing

In order to file, you must show:

  • you live in Maryland; or
  • you had a business or most of your assets in Maryland.

If you cannot show you live in or had a business/assets in Maryland for the last 180 days, you will need to  show that you were in Maryland more than any other judicial district over the last 180 days.

Be sure you have completed the necessary steps before filing. These steps include:

More information on preparing to file is available on the U.S. Bankruptcy Court’s website

 

Where to File in Maryland

The Maryland bankruptcy court has three divisions, but only two accept cases for filing. Your bankruptcy case should be filed at the courthouse that serves your county. In person filing can be completed during court business hours. 

If you live in Allegany, Calvert, Charles, Frederick, Garrett, Montgomery, Prince George's, St. Mary's, or Washington Counties file your petition with:
 
United States Bankruptcy Court
Federal Courthouse
6500 Cherrywood Lane, Suite 300
Greenbelt, MD 20770
Hours, phone number, and contact information
 
If you live anywhere else in Maryland (e.g., Baltimore City, Baltimore County, Carroll County, the Eastern Shore etc.)  file your petition with:
 
United States Bankruptcy Court
Garmatz Federal Courthouse
101 W. Lombard Street
Suite 8530
Baltimore, MD 21201
Hours, phone number, and contact information

Note: the third location of the Court, located in Salisbury, conducts bankruptcy proceeding hearings but does not accept bankruptcy filings.

 

E-Filing

Both locations of the Court allow for filing bankruptcy petitions electronically via the Case Management/Electronic Case Files (CM/ECF) system. CM/ECF provides an easy-to-use electronic case filing feature that makes life easier for you by allowing you to file and view court documents over the internet. Step-by-step instructions on filing a new case in CM/ECF (and for filing various other documents), can be found in the ECF User's Manual.

If you are filing for a business bankruptcy, you can also file wherever a partner or affiliate of your business has already filed for bankruptcy. 

Read the Law: U.S. Code, Title 28 § 1408

 

Filing Fees

The U.S. Bankruptcy Court, District of Maryland site has a list of common filing fees for bankruptcy cases.  A complete list of all bankruptcy fees can be found on the U.S. Courts, Bankruptcy Fee Schedule web page.

Paying your filing fee

The Bankruptcy Court accepts cash, money orders, cashier's checks, checks (from law firms), credit cards and ACH (electronic payment from a bank account) for payment of filing fees. If you are the debtor in the bankruptcy proceeding, you cannot pay fees using a credit card or personal check. 

  1. You may pay the filing fee in full by submitting a money order, made payable to "Clerk, U.S. Bankruptcy Court" at the time you submit your signature pages and the additional items required to complete your filing.
  2. You may pay the filing fee in installments by filing an Application to Pay Filing Fee in Installments. You may make up to four (4) installment payments. The final payment must be made within 120 days after your petition is filed.
  3. If you are filing a Chapter 7 case you may request that the court waive your filing fee by filing an Application For Waiver of Chapter 7 Filing Fee. By law, the judge may only waive the filing fee if your income is less than 150 percent of the official poverty line for the size of your family and if you are unable to pay the fee in installments.

Payments for fees can be made electronically via Pay.gov. By using the Pay.gov Online Payment Form you can make installment payments for filing fees using a debit card, PayPal, or via ACH. In addition to filing fees, Pay.gov can be used to pay fees associated with case reopens, amendments, and other matters. 

Other Organization Links

Source
Contributors: Jillian Chasen and Amy Hennen, Esq., Maryland Volunteer Lawyers Service; Updated by Web Services Librarian
Source URL: https://dev.peoples-law.org/where-file-bankruptcy

List of links present in page
  1. https://dev.peoples-law.org/where-file-bankruptcy
  2. #filing
  3. #where
  4. #fees
  5. http://www.mdb.uscourts.gov/
  6. https://www.justice.gov/ust/credit-counseling-by-state/Maryland
  7. https://www.mdb.uscourts.gov/files/Helpful_Info 2020-12-14.pdf
  8. https://www.mdb.uscourts.gov/forms
  9. https://www.mdb.uscourts.gov/pro-se/when-you-file
  10. https://www.mdb.uscourts.gov/general-info/locations
  11. https://www.mdb.uscourts.gov/general-info/locations
  12. https://www.mdb.uscourts.gov/files/ECF Manual 2021-03-09.pdf
  13. https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title28-section1408&num=0&edition=prelim
  14. https://www.mdb.uscourts.gov/forms/filing-fees
  15. https://www.uscourts.gov/services-forms/fees/bankruptcy-court-miscellaneous-fee-schedule
  16. https://www.uscourts.gov/sites/default/files/form_b103a.pdf
  17. https://www.uscourts.gov/sites/default/files/form_b103b.pdf
  18. https://www.pay.gov/public/form/start/1063184704
  19. http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics
  20. http://www.mdb.uscourts.gov/content/debtor-assistance-project
  21. https://www.mdb.uscourts.gov/dont-have-a-lawyer