Areas of Practice - Bankruptcy / Consumer Law
In bankruptcy, relief from creditors requires complete disclosure of your financial situation. Whether you seeking relief from chapter 7 or chapter 13, the process begins with consultation and a frank discussion about your finances. We will ask you for information that will be used to draft your petition seeking bankruptcy protection. At this interview, we will work to make sure that you have a strong understanding of the process and you will be prepared for the rest of the process. You must complete the pre-filing credit counseling course (available to complete online) and get a certificate to me. Once the petition is drafted, I will file it and you will be called to testify to the statements contained in it under oath in front of a trustee who is not a Judge at a meeting called the first meeting of creditors or the 341 meeting after 11 U.S.C. section 341 of the United States Bankruptcy Code. I will appear at this meeting with you and all of us will review the petition for errors, changes and inconsistencies.
If a Chapter 7 has been filed, we will talk about whether or not your case is a no asset case, meaning the Trustee will have no assets to administer or use to pay your creditors, and whether there are any debts that will be reaffirmed. If it is a Chapter 13 case, we will discuss the length of your commitment period, how much you will be required to repay and how much your installment payment will be. We will also talk about whether money can be recovered from creditors that you have paid them within 90 days of filing the bankruptcy.
If a Chapter 13 has been filed, we will talk about whether you qualify for the minimum commitment period, how low your payment to the trustee can be, and whether you can qualify to borrow money while you are in the bankruptcy.
Whether you are filing Chapter 7 or Chapter 13, you will have complete a Debtor Education Course, which provides a detailed examination of how consumer credit cards and financing work, how to improve your credit and how to best take advantage of your Fresh Start. It is required by the Bankruptcy Code, however, it provides quality instruction on how to avoid getting into this problem again.
If you are reading this information, and it speaks to you, give us a call and we can discuss this matter. We take pride in having helped thousands of families get their fresh start. Call us to see if we can help you too.