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When you first meet with me, you should
bring with you information on your debts (including your credit
card debt, any lawsuits, foreclosures or repossessions, tax,
student loans, or medical bills) and about property you own
(bank accounts, real estate, cars, retirement accounts, etc.).
I will review your financial situation with your and discuss
the benefits of various options including bankruptcy.
If you decide that you want to file for bankruptcy, I will
prepare all the necessary documents including the Bankruptcy
Petition. We will then meet again so that you can carefully
review these documents before I file them with the Bankruptcy
Court.
After the Bankruptcy Petition is filed, your creditors must
stop harassing you and all lawsuits, foreclosures, garnishments
and attachments are stopped immediately. The Bankruptcy Court
will then sets a date for a creditors meeting and mail a notice
of this meeting to you and all your creditors. This creditors
meeting occurs about one month your Bankruptcy Petition is
filed. The creditors meeting usually lasts only 5 to 10 minutes
and I will attend with you. At the creditors meeting, the
trustee assigned to your case will ask you questions about
your assets and your outstanding debt. Your creditors are
invited to attend although, in most cases, they usually do
not.
A Chapter 7 bankruptcy is usually complete in about three
months. When you complete your Chapter 7 bankruptcy, the Court
will issue your Discharge and close your case. The Discharge
prevents your creditors from ever collecting discharged debts.
The process is very similar if you file a Chapter 13 reorganization,
except that the Discharge is not issued until you complete
all the payments required under your reorganization plan (usually
between three to five years). For more information on the
differences between a Chapter 7 bankruptcy and a Chapter 13
bankruptcy, click here [link to Which Chapter]
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