Bankruptcy Steps
We are experienced in all phases of bankruptcy and will ensure that your case runs smoothly!
Step 1 - Attend Attorney's Free Consultation
- Call to arrange for your Free Consultation before filing bankruptcy.
- During this meeting, we will disucss your personal situation and go over the options that are most relevent to your case.
Step 2 - Mandatory Pre-Bankruptcy Counseling
- You must obtain a certificate from an approved credit-counseling agency before you can file for bankruptcy.
- We will provide you with information on how to obtain this counseling.
Step 3 - Provide Required Documentation
- Required for the attorney to prepare voluntary petition.
- See the bankruptcy documentation checklist.
Step 4 - Petition is filed with Bankruptcy Court
- Automatic Stay is granted and creditors are notified of the bankruptcy. All collection activity is stopped.
- Trustee is assigned by the bankruptcy court. The trustee will make sure information is complete and accurate. For Chapter 13, the trustee will review the payment plan and repay creditors.
Step 5 - Mandatory Meeting with the Trustee
- This is a 10 minute meeting you are required to attend about one month after your case is filed.
- Your creditors or attorneys representing your creditors are present. You and your attorney must be present at this meeting.
- The Trustee distributes funds to your creditors based on their statutory priority in the bankruptcy code.
Step 6 - Objection by Creditors or Trustee
- Your creditors have 60 days to object. In most cases, no objections are filed.
- The trustee has 30 days to file any objections to exemptions. Again this is not common.
Step 7 - Mandatory Financial Management Course
- This short course can be done over the internet or phone. It must be completed within 45 days of the meeting with the Trustee (step 5).
- If you do not complete this course, your case WILL NOT BE DISCHARGED and your case will be dismissed.
Step 8 - Bankruptcy is Discharged
- If there are no objections to your discharge (step 6), and you completed all requirements, your case will be discharged.
- You will get your Notice of Discharge in the mail, within 4-6 weeks after the 60-day period expires (step 6).
