Our Bankruptcy Procedures
We will provide you with a questionnaire to take home and fill out. We use the information on this form to prepare your case. We then file your case. This memorandum explains how a case proceeds.
Please keep the following three (3) things in mind when filling out the paperwork
- There is a time element in most of the questions. 8 years, 2 years and 12 months, please read all questions completely.
- EACH QUESTION MUST BE ANSWERED. Your answers will be transferred to a Court petition even if the question is not applicable to you.
- Write it legibly so that it can be clearly understood.
Please call for an appointment so that we can go over the paperwork with you. We can do this over the phone if coming to our office is difficult. When you have carefully and completely answered all the questions and all of your fees have been paid, your petition will be prepared for your signature. We will call you to let you know the time to come in and sign, or we will mail the papers to you. Once we have all signatures, this office will file the Petition with the United States Bankruptcy Court.
As soon as the filing has been done, all collection efforts by your creditors will stop. This includes any lawsuits, garnishments, repossessions, and foreclosures.
If you are involved in any of these types of proceedings or if you anticipate any serious action from any of your creditors, please advise us at the time your case is reviewed by this office.
What about Court?
Approximately 1-3 weeks after we file your petition, you will be notified my mail to appear at the United States Bankruptcy Court for a "341 hearing" which is also known as the First Meeting of Creditors. We will go over the hearing with you in detail at the time you sign your petition. If you have any further questions, please feel free to discuss them with us.
The purpose of the hearing is to enable any creditor to appear and ask questions regarding the debt you have with that company. This seldom happens, but if a creditor should be at your hearing, you should answer their questions honestly. The hearing is extremely brief, maybe 5 minutes. Your attorney will be at the hearing with you. Typical questions inquire how you arrived at the value of your car? Why are you filing? You will be asked to provide your tax returns. Most of our clients are surprised at how easy the hearing is. If you are nervous, show up a few minutes early and watch the hearing ahead of you.
At this hearing you will also meet the Trustee of your bankruptcy. The trustee is the person the Bankruptcy Court assigns to handle your case until it is discharged.
IF FOR ANY REASON YOU WILL NOT BE ABLE TO ATTEND YOUR HEARING, PLEASE CONTACT OUR OFFICE IMMEDIATELY.We may impose an extra fee if you do not show up at the hearing and we have not been notified.
How Long Will It Take?
It takes about 6 months from the time your petition is filed until your bankruptcy is discharged by the Court. You're considered to be "in bankruptcy" until the Court officially closes your case.
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