A Voyage through Bankruptcy
I. Conference with Attorney
General explanation of bankruptcy,
Review of past 6 month's income and expenses,
Examination of the history and classification all debt,
Compile assets to determine exempt versus exposed property,
Assess prior financial conduct and affairs,
Discuss which types of relief are available to you,
Analyze bankruptcy benefits concerning your particular situation
Second conference with attorney, if required
II. Meet with case manager
Obtain credit counseling certificate,
Review, sign prepared documents
III. Petition and Schedules are filed with the Court
The "automatic stay" takes effect; protecting you from collectors.
If you case is a Chapter 13, the first payment must be made to the Trustee within
2 weeks of filing.
IV. §341(a) meeting - First meeting of Creditors
This meeting is usually held three weeks after filing petition. The attorney will meet you at this hearing. Please bring you drivers license and social security card. The Trustee will examine your statements contained in the schedules and creditors may appear and request additional information. The U.S. Trustee is also present to review eligibility. If your case is a Chapter 13, bring proof the Trustee has been paid.
| Chapter 7 |
Chapter 13 |
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Obtain financial management
Certificate
Reaffirmation Hearing
Approx. 3 months after the §341(a) Hearing
Order of Discharge
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Confirmation Hearing
Continuing obligations:
| Pay the Trustee |
| Keep car & home insured |
| Sale of assets must be less than $1,000 or Court Order obtained |
| No credit without Court order |
| IRS returns must be filed by April 15th each year |
Order of Discharge - After completion of plan
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