Bankruptcy Quick Start Guide

There is a lot of information about Bankruptcy on this site. However, I realize that not everyone would not want to plow through all the stuff I have posted. I guess that’s the nature of my office; we do everything thoroughly. If you want the quick version of filing for Bankruptcy, below you will find an overview of the procedures used in my office. We try to make the process as easy as possible, with the emphasis on easy. It goes like this:

  1. Your initial call to my office.

Your phone consultation is free and confidential. We’ll answer your questions, and ask you questions such as: How many in your household? How much money do you earn? What are your expenses? Do you own any real estate? How much do you think it’s worth and how much do you owe on it? We’ll ask those and other questions to make sure you qualify for Bankruptcy. If you do not qualify, we will tell you why and give you some other options that might be helpful. If you do qualify, and are ready to proceed, we will schedule an office appointment to get things started. We’ll send you a list of documents to bring. There are no lengthy forms to fill out in my office. My fee for a Chapter 7 Bankruptcy is $1101, plus the Bankruptcy Court filing fee of $299, for a grand total of $1400.

  1. Your first office visit.

We’ll go over your pay stubs and any other paperwork you brought with you. A minimum of $100 is required at this visit as a retainer. If you can’t pay the balance in full, as many people cannot, there is a payment plan. In short, it requires $225 for the next six months. This usually is not a problem for most people, as they will be saving at least that much by not making any further minimum payments.

  1. The end of your first office visit.

You will be given a list of any additional information that we may still need. This additional information can be e-mailed, faxed, or sent by regular mail so that no additional office visits are necessary. Of course, you can always just call and come by, and we’ll be happy to make and/or take copies of whatever we need that you want to bring directly to us.

  1. Filing.

Once your fees have been paid off and we have all the documents we need, we will complete your Bankruptcy Petition and have you review and sign it. We will then electronically file your paperwork with the Bankruptcy Court. You will immediately be assigned a case number and be legally protected by what is called the “automatic stay” provision of the bankruptcy laws. This means your creditors are stopped dead in their tracks and can no longer come after you. Your court date (I’ll be there with you) will be in about 4 to 6 weeks from the time your case is filed.

  1. The court date.

Your court date is called the “Meeting of Creditors,” which is kind of ironic because in most cases, none show up. This quick hearing, which usually lasts five minutes or less, is more about making sure you are not hiding property or “forgetting” to list things you own, than anything else. I sit right next to you, and make sure everything goes easily and smoothly. After your case is heard, I will typically have a little “wrap-up session” with you outside the Hearing Room, and will explain about rebuilding your credit over the coming year.

  1. The Discharge.

You should receive your Bankruptcy Discharge in about 90 day or so from your court date. Discharge means your case is over, and all the debts you chose to get rid of have been wiped away forever. You now have a fresh start!

That’s it in a nutshell !!!

>> Next: The Bankruptcy Process