Bankruptcy attorneys have several different types of resources at their disposal, including many different types of published volumes, software such as Bestcase to assist in the preparation of forms, and Westlaw or Lexis to resolve more complicated questions of statutory interpretation.  However, a wide variety of information is also typically available for free from the local bankruptcy court’s website.  I will use the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) as an example, as it is where we practice.

The homepage for the Eastern District includes a section entitled “Notices and Updates.”  Here, Detroit bankruptcy attorneys can find information about the numerous local court rule changes which went into effect last month (discussed here). Other recent updates found here include changes to various Judges’ Chapter 13 hearing schedules, which I recently discussed on the O’Connor, DeGrazia, Tamm & O’Connor website. This page also provides updates regarding changes to local forms, including the forms to be used with reaffirmation agreements and those to be used with certain Chapter 13 filings.

The Eastern District’s homepage also provides links to other parts of the site, where information regarding Judges (including their dockets) and Trustees can be found.  There are also links to the local court rules, the Federal Rules of Bankruptcy Procedure, and specific requirements for practicing before each individual Bankruptcy Judge.

Although local bankruptcy court websites can be a valuable tool, their value should not be overstated.  The Eastern District of Michigan’s October 8, 2009 “State of the Court” report noted a surge in pro se Chapter 7 bankruptcy filings (meaning, bankruptcy filings by debtors who do not have attorneys). The surge was attributed, in part, to the availability of free information from the internet.  However, the report noted that “[p]ro se cases require extra judicial and other resources to process through the system. They pose unique challenges to our system. The Chapter 7 Trustees have raised with the bench a number of difficulties that the processing of these cases pose for them.”

In other words, the information available from bankruptcy court websites and other free internet sources, although helpful, is simply not sufficient to enable a non-laywer to handle their own bankruptcy in most cases.  Although you may be able to find the forms on the internet, it will not tell you when to use those forms, nor are there typically any instructions on how to complete them properly. (I recently discussed the importance of filing the correct forms at the correct times in this post).  Likewise, while you may be able to find the Bankruptcy Code or procedural rules from your bankruptcy court or other free sites, those sites cannot explain any ambiguities in those provisions, nor can they explain how those provisions apply to your particular situation.   In short, while local bankruptcy court websites can be very helpful to attorneys who are already familiar with bankruptcy practice and procedure, they are not a substitute for competent counsel.

-Drew Broaddus