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.
