Please note that the following are summaries and do not, by any means, cover everything that can and does occur in any given bankruptcy case. Moreover, the following assumes that you are represented by an attorney, because it omits certain tasks and duties that will be performed throughout the process by your attorney.
(Time from filing to discharge: Usually 4-5 months)
| 1. |
Call our Office to set up an appointment for your free and confidential consultation. Based on your current situation we will let you know if you should file a chapter 7 or 13 bankruptcy. |
| 2. |
If you decide to proceed with your bankruptcy, we will sign a retainer contract and give you a questionnaire to be filled-out and returned to our office. |
| 3. |
We will obtain your credit report and, based on your questionnaire, will ask you for other documents. |
| 4. |
Mandatory Credit Counseling: you must obtain a certificate from an approved credit counseling agency before you can file your case. |
| 5. |
File Petition. |
| 6. |
Mandatory meeting with the Trustee. It is usually a very simple meeting and only lasts a couple of minutes per debtor. |
| 7. |
Time for Objections by Creditors and Trustee. Your creditors have until 60 days after the date first set for your meeting with the Trustee to file a complaint objecting to the discharge of their debt, or to your entire discharge. In most cases no objections are filed. |
| 8. |
Financial Management Course: you must complete a financial management course before receiving your discharge. |
| 9. |
Discharge: If nobody objects to your discharge within the 60-day period referenced above, and you have completed all the other requirements, then you will get your Discharge of Debtor in the mail shortly thereafter (usually within 4-6 weeks after expiration of the 60-day period). |
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