What do you do to help me file bankruptcy?
We walk you through the process and complete all necessary paperwork and file it with the court. We assist you in obtaining your pre-bankruptcy certificate. We forward all documents to the Bankruptcy Trustee and Court. We prepare you for your court date. We attend all hearings with you. We forward your filing fee to the clerk after you have paid it. We help you complete your financial management certificate and file it with the court.
When should I file?
Do not wait until the last minute! You are not required to be behind in your bills before you file Bankruptcy. It is okay to come in for a free consultation to get an estimate on when you may want to file. For instance, if you know you are going to receive a layoff notice in the next month or two, come in and find out your options to protect your assets under a Chapter 7 or Chapter 13 Bankruptcy.
How do I know who I owe?
We pull a credit report with the bankruptcy reporting addresses.
How do I obtain tax transcripts?
We request the tax transcripts from the IRS for you.
How do I pay my filing fee?
The filing fee is included in the costs. We make sure it is paid to the court as soon as your case is filed.
Why do I have to pay the filing fee up front?
The Bankruptcy Code requires the filing fee be paid before your attorney is paid.
What is the Discharge Order?
The Discharge Order is the Court Order that shows your debts have been discharged or wiped out.
What is the Meeting of Creditors?
This is your initial court date. It is where the Trustee asks questions to determine if the petition is true and correct. The Trustee is looking for assets to sell to pay the unsecured creditors in a Chapter 7. In a Chapter 13, the Trustee is determining how the creditors will be paid and if everyone you owe is listed. Your creditors have an opportunity to ask you questions under oath.
What is a random audit?
The Office of the United States Trustee is required to check one out of every 200 cases filed for accuracy. If your case is audited, we may request additional information from you. We will provide all information to the government on your behalf. It is important to disclose all assets and liabilities to your lawyer so they can be listed on your petition.
Why do you ask for pay stubs and bank statements?
These are how we prove to the court you are eligible for a Chapter 7 or Chapter 13 bankruptcy. They also show your monthly expenses.
Is Bankruptcy a good option for me?
We offer a free initial appointment to review your financial situation. Sometimes bankruptcy is not your best option. We show you the possibilities under Chapter 13 and Chapter 7 and your non-bankruptcy options.
What if I do not list all of my debts?
The Bankruptcy Code requires a complete list of all debts. You may choose to pay some debts that are listed like a car or house. If you fail to list a debt, it is not Discharged or wiped out. Failure to list a debt on purpose can be considered Bankruptcy Fraud. Bankruptcy Fraud is punishable by up to 5 years of imprisonment and a $250,000 fine.
What if I do not list all of my assets?
If you do not list a car or real property you may lose that item. If you fail to list a lawsuit in which you have an interest, you would lose your rights in that lawsuit.
Will I lose all of the money in a lawsuit?
There are different amounts that can be protected for you in a lawsuit, depending on the kind of lawsuit. Always tell your lawyer if you have a lawsuit you can file, even if it has not been filed yet.
Why do you not accept post dated checks for your fees?
The attorney fee is Discharged in the Chapter 7 if the fee is not collected up front. 11 USC 727 (b).
What is the better for me — Chapter 7 or Chapter 13 Bankruptcy?
We offer a free initial consultation to help you determine if Bankruptcy is the right option for you or not. If you decide a Bankruptcy is a good option to help you get back on your feet financially, we further help you decide if a Chapter 13 repayment plan or Chapter 7 liquidation of debt works better for you.
What are your office hours?
We are open Monday through Friday, 8 a.m. to 5 p.m., with our last appointment of the day at 4 p.m.
Why is it important to have an experienced lawyer represent me in a Bankruptcy?
The preparation of your Bankruptcy paperwork is important. You want to be certain your lawyer knows how to protect your assets under the Bankruptcy
Code. You could lose your house or car or rights in a lawsuit or retirement account if your lawyer has not asked you the right questions or done the approriate due diligence. EXPERIENCE MATTER! We have filed several thousand petitions.
