 |
|
|
|
Your bankruptcy case progresses in steps, beginning with the first day you step into our office. We'll
immediately work to stop harassment by the debt collectors; if necessary, we will bring a lawsuit on your
behalf against them to enforce your legal rights under the Fair Debt Collection Practices Act. We'll draft
all of your bankruptcy papers and make sure that all necessary documentation is made available. You'll
always be involved in the process so that you know exactly the status of your case.
Pre-Filing Certification
In order to be eligible to file a Chapter 7 or Chapter 13 bankruptcy, you must complete a pre-filing
briefing outlining the opportunities for credit counseling AND assists the individual in performing a
budget analysis within 180 days before your case is filed. When your case is filed you must file with
the bankruptcy court the certificate you receive from the approved nonprofit budget and credit
counseling agency. We will provide you with a list of approved credit counseling agencies.
Filing Your Case
As soon as your case is filed with the court, a Trustee is appointed. The trustee's role is to sell any
assets that are not protected by law and to distribute the proceeds of that sale to your creditors. In
most cases there are no assets to liquidate, so do not be concerned. If the trustee does identify
assets, we probably have already advised you about this possibility.
If you have filed a Chapter 13 case, the trustee is responsible for reviewing your proposed repayment
plan, making recommendations to the court regarding the feasibility of that plan, and distributing the
payments to your creditors under the terms of the plan. You will be sending your Chapter 13 payments
to the trustee each month, along with any other documents required by law.
All About The Meeting Of Creditors
This meeting, which is held in all bankruptcy cases, usually occurs within 4-6 weeks of the filing of your
case with the court. The purpose of the meeting is to give creditors a chance to ask questions, although
it is very rare that a creditor shows up; it is mostly handled by the trustee assigned to your case. The
trustee may also ask you questions about particular items on your petition usually focusing on assets
or income. Most meetings take only a few minutes.
Some consumers feel some level of anxiety or fear leading up to the meeting with the bankruptcy
trustee, but there is no reason to fear the trustee. The meeting will take place in an ordinary
conference room, and the trustee is not a judge; the setting is informal. After the meeting most people
comment on how simple the process was.
How To Be Prepared For Your Meeting Of Creditors
You must bring state-issued photo identification and your social security card to your meeting. There are
other documents that need to be provided to the trustee before your meeting can take place, and we
will send you a letter with the list.
Attending Your Hearing on Confirmation For Chapter 13 Cases
If you file a Chapter 13 case there is one additional hearing you must attend. This is called a Hearing
on Confirmation, and it takes place after your Meeting of Creditors. At the Hearing on Confirmation
the trustee will make a recommendation to the judge as to whether your proposed payment plan is
sufficient to satisfy the requirements under the Bankruptcy Code. The judge will then give final
approval to your repayment plan or tell us to make adjustments.
How Long Your Case Takes To Complete
All Chapter 7 and Chapter 13 debtors must complete a Financial Management Course before they
receive a Discharge. This Course is intended to help Debtors identify and correct the financial
mistakes that led to bankruptcy.
In a Chapter 7 case, your case is usually completed approximately 90 days after your Meeting of
Creditors; at that time you will receive a single-page document titled Discharge of Debtor from
the court. The discharge order is the official court order relieving you of your obligation to pay your
bills. Remember that the Discharge of Debtor in a Chapter 7 case will not relieve you of all of your
debts. You should speak with us to find out which debts will not be discharged in a Chapter 7 case.
In a Chapter 13 bankruptcy case, the discharge order is issued upon your successful completion of
the repayment plan. This will vary depending upon the length and type of your Chapter 13 Plan. |
|
