What to Expect When Filing for Bankruptcy
If you need help understanding bankruptcy and making the decision of whether or not to file for bankruptcy, please contact my firm to schedule a consultation. Every financial situation is unique. We will take the time to create a personalized strategy to get you out of debt. I have been practicing law for over 40 years and can provide the knowledge, experience, and resources you need to make an informed decision concerning debt relief.
In regard to filing for Chapter 7 bankruptcy, keep in mind the following timeline: 180 days prior to filing for bankruptcy, you will need to receive a briefing from an approved nonprofit credit counseling agency. You must be a resident of the state you will file in for 90 days prior to your filing. Any luxury item of $500 or more that you charge within 90 days of filing may be prohibited from being discharged in your bankruptcy. Any cash advance of $750 or more within 70 days of your filing will be prohibited from being discharged in your bankruptcy. In other words, you will still owe these debts.
When you file your bankruptcy petition, the court will impose an automatic stay on your creditors, barring them from trying to collect on your debt. Next the court will send a notice of your bankruptcy case to the creditors you have listed on your court petition. Fifteen days after you file, you and your creditors will be notified of the date set by the court for the meeting of your creditors. Before this meeting and within 30 days of filing, you must file a Statement of Intention, stating whether you intend to keep your property which acts as collateral for certain debts. If you decide to keep the property, you must reaffirm your debts for the property and keep making your payments on them.
Approximately six weeks after you file, the court will hold a meeting of your creditors, where you will have to testify to the accuracy of the statements in your petition. Your creditors will have 60 days to object to the discharge of any of your debts listed in your petition. After this 60-day time period ends, you will receive a discharge of your debts. For help with any type of bankruptcy filing, whether Chapter 7, 11, or 13, it is important to seek professional legal advice.
As a bankruptcy lawyer, I have over 40 years of legal experience to apply to your case. I can assist you with appropriate debt relief options. Contact the Law Offices of Mark Little today!