Understanding the Process of Bankruptcy
A short summary is detailed below:
- 6 months before filing for bankruptcy: People will need to partake in credit counseling and complete the program. In order to complete the program, people will have to obtain a certificate of completion from the U.S. Trustee Office. Without this certificate, people are ineligible for bankruptcy. Those filing must also not have any dismissed bankruptcy cases.
- 2 - 3 months before filing for bankruptcy: People will usually be asked to stop using their credit cards to prevent possible fraud accusations from creditors during bankruptcy proceedings.
- At the time of bankruptcy: The bankruptcy process starts when people have filed their petitions with the U.S. Bankruptcy Courts. Along with their petitions, people will have to submit a list of their assets and if filing for Chapter 13, they will be required to submit a proposed repayment plan.
- A few weeks later: People's creditors will be informed that individuals have filed bankruptcy petitions and will be told to stop collection proceedings. Additionally, people will have bankruptcy trustees appointed to their cases.
- 6 weeks after bankruptcy filing: People will be asked to attend meetings with their trustees or lawyers and creditors. During the meeting, creditors will state if they plan to dispute the terms of the bankruptcy or if they plan to seize assets. This meeting is mandatory.
- 2 months after bankruptcy filing: People who have filed for Chapter 7 will have their debts discharged and those who have filed for Chapter 13 will start making their monthly payments.
- Within 8 years after filing: Keep in mind, once you have filed for consumer bankruptcy, you cannot file again for another 8 years!
Contact a Murrieta bankruptcy lawyer at our award-winning firm, Singleton Smith Law Offices to receive more information and legal help concerning bankruptcy.