Maine Bankruptcy Law and Court Procedures For Debtors
The proper initiation procedure requires an original petition, list of creditors, forms, schedules, and in some cases, supplemental pleadings. All residents filing a Maine bankruptcy case must adhere to all court procedures, or risk dismissal. Usually, the trustee or a creditor files an objection requesting dismissal, which gives debtors ample time to correct errors, amend pleads and forms, and effectively contest discharge. Sometimes however, the court may dismiss cases upon their own motion. In this circumstance, few arguments are successful turning a judge's opinion on issues of substantive law.
The best practice for following court procedures relies upon the advice of counsel. Federal rules govern procedure, admissibility of evidence, format of pleadings, and the entire administrative process. In Maine, state rules and local rules also determine how debtors must proceed. Practicing lawyers deal with courts and clerks daily, and typically are well versed in the intricacies of avoiding problems. In practice, most cases in which the debtor is represented by an attorney, no assets are forfeited and no real danger of dismal exists. For the do-it-yourself debtor, dismissals are common and frequently are with court prejudice against re-filing.
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