The Chapter 7 Process- Step By Step

By Cynthia Podis

Nashville Bankruptcy Attorney

  1.  Set a free appointment to see Podis and Podis to discuss your options under the Bankruptcy Code.
  2. Bring your Drivers’ License, Social Security Card, latest pay check stub, and an estimate of how much you owe to your appointment.
  3. You would then schedule a Second Appointment with us. The first half of the appointment is when you go through the pre-bankruptcy Financial Counseling Class in order to obtain the certificate that is necessary for you to file bankruptcy. You will also provide your financial information, bank statements, paystubs and tax returns.
  4. The second half of the appointment involves answering all the questions in the Chapter 7 Petition and then signing the Bankruptcy Petition.
  5. Upon review by Mark Podis, the petition is filed with the Bankruptcy Court in the Middle District of Tennessee.
  6. The Bankruptcy Court automatically assigns a case number, court date, and time for the Meeting of Creditors which is mailed and e-mailed to your creditors through the Bankruptcy Court Noticing Center.
  7. Upon receipt of the Bankruptcy Court Notice, the Automatic Stay of 11 §362  is in place for 45 days or until a creditor obtains an Order of Relief signed by a Bankruptcy Court Judge.
  8. We send copies of your tax returns, pay stubs and bank statements to the United States Trustee and the case Trustee assigned to your Bankruptcy for their review.
  9. We will file any necessary motions in your case such as: Avoid Liens, Redeem Property or Complaints to Determine Discharge of Tax Debt.
  10. You must take a Post-Petition Financial Management Class and obtain a Certificate of Attendance which we will file with the Court on your behalf.
  11. Attend your Meeting of Creditors.
  12. Answer the questions of the Trustee honestly and completely.
  13. At the Meeting of Creditors we will deal with any creditors who appear and discuss any Reaffirmation Agreements that were not provided before the court date.
  14. Pay your filing fee to the Bankruptcy Court Clerk (if you did not pay it in advance).
  15. After the Meeting of Creditors, attend any extra court dates that come up (our clients are generally notified before the court date if they must appear or an agreement has been reached.)
  16. Creditors may file objections to Dischargeability of a Debt or Motions for Relief of Stay.  At Podis and Podis, we have you come to our office to discuss these matters.
  17. The United States Trustee’s Office must file a report stating if your case is an abuse of the Bankruptcy Code or not an abuse of the Bankruptcy Code.  (If the U.S. Trustee states your case is an abuse of the Bankruptcy Code, the U.S.Trustee has 30 days to file a Complaint to Dismiss or Convert your Bankruptcy to a case under Chapter 13.)
  18. If no objections or other motions are filed, you will receive an Order of Discharge from the Bankruptcy Court Clerk’s Office no sooner than 61 days after the Meeting of Creditors was held.

 

If you would like to know more about filing a Chapter 7 or Chapter 13 Bankruptcy, please call us for an appointment at 615-399-3800 or see our website at www.BankruptcyNashville.com

This is a blog post, this is not legal advice and should not be considered legal advice.  We do not represent you until you meet with us in our office, hire us and provide the information we request from you.

1 thought on “The Chapter 7 Process- Step By Step”

  1. Thank you for walking us through the process of chapter 7 bankruptcy. I think it makes a difference knowing what is actually going to happen. You also get to see what kind of help to expect during this time.

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