Bankruptcy
Why file for Bankruptcy?
Bankruptcy laws were created to give the honest but unfortunate debtor a fresh start. Bankruptcy relieves the pressure and harassment of preexisting debt.
What happens after my initial interview?
Our law office will maintain a file on you. After you pay a retainer fee you can start referring collection calls to our office. Take note however, the retainer fee does not stop lawsuits, foreclosures, or garnishments. These processes can only be stopped by the filing of your bankruptcy petition with the court. Please continue to make your regular payments towards our fees. Once your fees are paid in full we can file your petition for bankruptcy. It is important to know that while you are making your payments, you will need to collect all of the required information and bring it to our office.
What happens after my attorney fees are paid in full?
Our office will inform you of any additional information which is still needed. Other requirements, such as credit counseling, and payment of filing fees will also need to be met. After all requirements are met, we will begin your petition. The process of preparing your petition will take approximately 10 business days, sometimes longer. Once the petition is prepared we will contact you for an appointment to come in and sign the petition. Please be advised, a bankruptcy petition can not be filed without your signature.
What happens after my bankruptcy case is signed by me and filed with the court?
Your bankruptcy case is filed by the court and assigned a case number and a judge. Effective immediately is an automatic stay order. The automatic stay protects you from harassment, collection efforts, and foreclosure actions. Although issued immediately upon filing, the court does not mail out he notices for a week or two after filing. If we know you have a lawsuit pending, we will notify the court and attorney for the plaintiff with a Suggestion of Stay within a couple of days. This informs anyone seeking immediate action that you have filed for bankruptcy.
After your case is filed refer any creditors who attempt to contact you to our office and give them your bankruptcy case number. Do not speak to any creditors other than to provide them this information. Wage or property garnishments should stop, unless there is a delay in the notice. You should notify our office of any garnishments that happen after your case is filed, so that we can assist you in advising the creditor and/or court of your situation.
The next step after your case has been filed is called the “Meeting of Creditors”. You must attend this meeting. You and your creditors will receive notice from the court of this meeting at about the same time. The notice will inform you of the date, time, and place of the meeting. Our office will also send you a letter advising you of the date and time, and any additional documents needed. An attorney from this office will attend the Meeting of Creditors with you. You will be sworn in under oath. The bankruptcy trustee will conduct an interview with you, similar to your initial interview with our office. Please be on time. It is advised that you call our office and confirm that you will be in attendance.
If you filed a Chapter 13 you will need to bring your first plan payment to the Meeting of Creditors OR the Debtor Orientation if applicable. Your payment must be a certified bank check or money order made payable to "Chapter 13 Trustee." They do not accept personal checks or cash.
Chapter 13 Debtors will be REQUIRED to attend a DEBTOR ORIENTATION PROGRAM. You will receive a fluorescent pink SPECIAL NOTICE attachment with your ORDER FOR MEETING OF CREDITORS. Please note, you MUST attend and you MUST bring your first payment to this Orientation. The Debtor Orientation Program is held at the Chapter 13 Trustee’s Office on E. Wilson Bridge Road.
The Meeting of Creditors hearing will take place at the United States Bankruptcy Court at 170 N. High Street between Spring & Long St . NOTE: It does not take place at the county courthouse on Mound St. and High St.
This website is intended for educational purposes only. It is not legal advice, nor does it form a lawyer/client relationship. For legal advice, you should contact a licensed attorney to discuss your particular situation.
