What are the steps to file a bankruptcy?
- Set up a free consultation and evaluation of your
financial circumstance with an attorney at Robinson & Rylander,
P.C., and develop initial strategy to resolve debt and discuss attorney’s
fees and court costs.
- Decide to retain Robinson & Rylander to proceed
with preparing a Chapter 7 or Chapter 13 Bankruptcy and set up appointment
with attorney to receive a customized financial/bankruptcy information
questionnaire to be filled out by you. You pay some or all of your fees
at that time.
- Return the questionnaire to the office and meet with
your paralegal to review your questionnaire, discuss any omissions that
need to be addressed, and answer any questions.
- Continue to pay on your attorneys fees and costs.
- Your paralegal inputs your questionnaire and information
from your file into the bankruptcy program and prints out a rough draft
to be reviewed by your attorney, usually after all or most of your fees
have been paid.
- Your paralegal sends you a status letter requesting
any missing information and/or explanation of any items that need to
be addressed. We do this to make certain you are in compliance with
the law.
- Your petition is finalized and the paralegal sends
you the information and your credit report for you to take the "credit
counseling course."
- When all of your fees are paid and your petition
is signed, your petition is filed with the United States Bankruptcy
Court. The paralegal will need up to date pay stubs at that time. It
is the filing of your petition that puts you into safe territory.
- Your First Meeting of Creditors will be about six
weeks later. If you have been honest in your answers in your bankruptcy
petition this should be routine.
- If your case is a Chapter 7, in about four to six
months you will receive an Order signed by the Bankruptcy Judge discharging
your debts.
- If your case is a Chapter 13, you will have filed
a Chapter 13 Plan prepared by your attorney and reviewed by you. You
will be making monthly payments to the Chapter 13 Trustee.
- In about six months your Chapter 13 Plan will be
confirmed. When you have completed all of your payments to the Chapter
13 Trustee, you will receive an Order signed by the Bankruptcy Judge
discharging your debts.
- Before you receive either a Chapter 7 or Chapter
13 Bankruptcy discharge, you must take a second credit counseling course
and furnish our office with a copy of the certificate so our office
can file it with the Bankruptcy Court. This is a must or you will not
get your discharge.
- All during this process you should keep our office
informed of any changes of address, telephone numbers and employment.
- Keep your Bankruptcy Petition and all of the paperwork
that our office has given you for at least ten years.
- Always promptly comply with any requests from the
Bankruptcy Trustee.
- If questions arise after your discharge, the staff
of Robinson & Rylander will assist you.
Robinson & Rylander, P.C., is a Congressionally
designated debt relief agency and provides legal assistance to consumers
and small businesses seeking relief under the United States Bankruptcy
Code.
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