We Do All the Work for You
1. THE FREE INITIAL CONSULTATION
The first step to achieving your financial independence is to schedule a FREE Consultation. You will meet with an attorney who can give you legal advice on your situation. You will NOT meet with a paralegal or a secretary who cannot legally or ethically give you legal advice. We will only need about 30 minutes, feel free to bring your lunch. You will meet with your attorney in a relaxed and casual, professional and private atmosphere. There is no need to “dress up”. In fact, your attorney will usually not be in a stuffy suit, but dressed business casual. Your attorney will ask you questions to determine your options, the complexity of your case and the best course of action to take. You will be given the opportunity to ask questions as well. Your attorney will quote you a flat fee that covers all of the usual bankruptcy charges without any “hidden fees”. You will have the opportunity to hire the firm or not – there is no pressure! We will give you a list of documents we will need and your job will then to be to collect them and get the to your attorney (fax, email, snail mail or by appointment).
What you need to bring with you: your last couple paystubs if you have them, either cash or a check in case you decide to hire us so that we can get the process started and get your protected ASAP.
2. COMPLETING THE PETITION AND GATHERING DOCUMENTS
After hiring us, you will work on gathering your documents and we will complete your petition. While the petition is fairly thorough, we can file the same day you come speak with us. Some of the documents are necessary to fully complete your petition.
After hiring us, we will sign you up for the credit counseling class that you must take prior to filing, or in SAME DAY FILING circumstances within 14 days of filing the petition or your case will be dismissed. The cost of the class is included in your quoted fee and you can complete the class at your leisure either online or over the phone. You will receive thorough instructions to take the class via your email. The class is not difficult and will take approximately 90 minutes. As soon as you complete the class, the course will email your completion certificate to our office.
As soon as your petition is completed, you will have a second appointment with our office to review your petition for completeness and to confirm its accuracy. You will have the opportunity to add creditors or change information. You will sign the petition. Any changes that need to be made will be confirmed as completed with you before filing.
We file the petition electronically with the court. It only takes a couple of minutes. We will receive your case number and send you the case number and information on how to deal with creditors who continue to contact you. After your case is filed you will receive information within a couple weeks on the time and date of your 341 hearing, which you and your co-debtor (if applicable) MUST attend with your ORIGINAL driver’s license (or other photo ID) and Social Security Card.
6. 341 HEARING (MEETING OF THE CREDITORS)
The 341 hearing will be scheduled between 30 and 45 days from the date your petition is filed. You and your co-debtor (if applicable) must attend with your ORIGINAL driver’s license (or other photo identification) and social security card. The 341 hearing in 99% of cases is very simple and lasts only a couple of minutes. For more information, please see our 341 Hearing: Meeting of the Creditors page.
7. MAKING YOUR PLAN PAYMENTS (CHAPTER 13 ONLY)
About 2 weeks after filing your case you will receive information on how and where to mail your chapter 13 payments. Your first payment is due 30 days after filing your petition. The amount you must pay is the amount that is in your Chapter 13 Plan, which your attorney will give you and let you know the amount before you file.
8. CONFIRMATION HEARING (CHAPTER 13 ONLY)
In Chapter 13 cases, your case will be scheduled to be confirmed after the 341 hearing. The debtor and co-debtor do not need to appear. In some cases, the case will be continued to amend the plan to the trustee’s liking.
9. PERSONAL FINANCIAL MANAGEMENT COURSE
This is the second course that debtors and co-debtors must complete after filing their petition, but prior to being discharged from their case. In fact, this class must be completed and a certificate of completion must be turned in to the court within 60 days following the first scheduled 341 hearing. If you do not take this class in time, your case will be dismissed. It is possible to reopen your case and file this certificate to get your discharge.
Typically, debtors are discharged from their debts in a chapter 7 case approximately 90 days after filing their petition. In a Chapter 13 case, debtors are not discharged until and unless their plan is successfully completed.
After you receive your Bankruptcy Discharge and your case is done, the automatic stay is removed and you are now protected from your discharged creditors via your Discharge Order. The Discharge Order prevents those creditors discharged in your bankruptcy from ever contacting you again to try to collect on those debts. The creditors have to remove themselves from your credit report, stop pulling your credit report (an impermissible pull), and never contact you about the debt. But they do it anyway!
Discharged Creditors have 60 days to come off your Credit
Generally it is a Discharge Violation and considered that creditors are still attempting to collect a debt creditors are still reporting that you owe them a balance 60 days or more after you receive your discharge order. For this reason, 60 days after you receive your discharge order, you should visit our office to pull your credit and determine if any creditors are in violation. If they are, we can sue them and attempt to collect monetary damages and our attorneys fees (this means you don’t pay for anything and you can get up to $1,000 per violation). Settlements on these kinds of cases range into the thousands of dollars.
