Chapter 7 Bankruptcy

You will have a free initial consultation. You will be provided with some basic worksheets prior to your appointment that will provide an overview of your finances.

If you choose to move forward with a bankruptcy filing, you can anticipate a certain procedure in a Chapter 7 case, which is set forth as follows:

1. You will pay the regular fees and costs that will be fully explained to you.

2. You and your attorney will meet to pull credit and review worksheets. The worksheets are much more detailed than the original worksheets, which you fill out prior to our first meeting.

3. One you fill out the worksheets, we use them to prepare your bankruptcy schedules, which are filed with the Court. The bankruptcy schedules are detailed listings of your assets, liabilities, budget and financial affairs. The schedules will be signed by you under the penalty of perjury. Therefore, we will want you to make sure that the schedules are as accurate as possible.

4. Shortly after the schedules have been filed with the Court, you will receive a letter from the Clerk of the Bankruptcy Court indicating the time and date of the Meeting of Creditors. It will be essential for you to attend the Meeting of Creditors. A few days before the Meeting of Creditors, you and your attorney will get together to prepare you for that meeting. We will discuss where to go, when to be there, what to wear, what to bring and what will be asked of you.

5. As soon as you receive the notice of the date and time of the Meeting of Creditors, set up a time for you and your attorney to have the above-referenced conference.

6. You need to bring your driver’s license and social security card to the Meeting of Creditors.

7. After the bankruptcy has been filed, if creditors contact you by telephone, you should advise them of your bankruptcy case number and filing date, the attorney name and telephone number. If they persist in talking to you, please let the attorney know immediately. If creditors write you a letter after the bankruptcy case has been filed, you should write on the document that they sent the bankruptcy filing date, the bankruptcy case number my name and telephone number. Please send this document back to the creditor, retaining a copy for your records. If the creditor contacts you again, please repeat the process. If the creditor contacts you a third time, please let me know. If you hear from a creditor that we did not include in the bankruptcy, please let the attorney know immediately. If you receive a lawsuit of any type, please let the attorney know immediately.

8. Shortly after the schedules have been filed with the Court, you will receive a letter from the Chapter 7 Trustee who has been appointed in your case. The Trustee requires certain documents from you including tax returns, bank statements and checks. You will need to provide our office with this information and we will send it to the Trustee. You do not have to obtain original documents that you do not have. For example, if he asks for checks and the bank does not send you back checks, you may submit a substitute such as your check register.

9. The Chapter 7 Trustee may send the attorney a letter requesting certain additional information. The attorney will send you a copy of that letter as soon as we receive it. You will then call the attorney to discuss the letter once you have received it from the attorney.

10. The Meeting of Creditors begins a sixty (60) day period in which creditors may object to your discharge. While this is unlikely, if this happens, we will review the situation at that time as far as our strategy is concerned.

11. After the sixty-day period expires, you will be granted a discharge. You will call our office and set up a time for us to have an Exit Conference. During the Exit Conference, we will review where you have been, where you are and where you plan to go from a financial standpoint.