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Tag Archives: how to file for bankruptcy
Often times, people considering filing Bankruptcy are unsure of what documentation is required, how long the process takes, and what the Bankruptcy process entails. When a debtor seeks to file Chapter 7 Bankruptcy, they must first satisfy the requirements of the means test to determine their eligibility for a Chapter 7 filing. After determining eligibility, the debtor will then be required to provide a number of documents to the Bankruptcy Court for the Trustee’s review. This required information includes recent bank statements, pay stubs, creditor information, and specific information regarding the debtor’s assets and finances.
Upon compiling all of the necessary information, a voluntary petition for Bankruptcy is completed and filed for the debtor, whereby the Bankruptcy Court then schedules the Meeting of Creditors, or 341 Hearing as commonly referred to. The Meeting of Creditors is an informal questioning under oath of the debtor for the purpose of ensuring that the debtor fairly and honestly represented their assets, income, and debts in the filed bankruptcy petition. The Trustee appointed to the debtor’s case asks a series of questions under oath concerning the debtor’s property and financial situation. Upon completion of the Meeting of Creditors and Bankruptcy Filing Course Requirements, a debtor will have successfully completed the Bankruptcy process.
The entire process is usually completed within four months, and the debtor then receives a discharge of all dischargeable debts. This dischargeable debt includes credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.
It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.
No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!
Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage. While individuals are allowed to file Bankruptcy without the use of an attorney (commonly referred to as pro se), it is strongly discouraged by the U.S. Bankruptcy Court.
Bankruptcy is a difficult process with very technical issues, and individuals are discouraged from attempting to file on their own because they could put themselves in jeopardy by not undertaking the proper steps or simply failing to compile all of the necessary information. If certain technical requirements for Bankruptcy are not satisfied properly, a debtor could be precluded from filing Bankruptcy altogether, may lose the right to file again, and may lose protections in a later case, including the benefit of the automatic stay.
The Bankruptcy Judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Debtors should also consider that Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.
A competent Bankruptcy attorney will ensure that the process is undertaken properly and that all necessary information is accounted for in order to successfully receive a proper Bankruptcy discharge.
If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.
Filing for Chapter 7 or 13 Bankruptcy may be time consuming and stressful. There are critical documents that need to be recorded and filed to successfully discharge one’s debt. Five critical items needed for successfully filing your petition are:
1) When filing for bankruptcy, you will need to provide proof of income.
2) Recent payments need to be documented and reported for items including but not limited to: automobile payments, maintenance, rent, groceries, all household expenses, etc.
3) Itemizing your assets or items of value. This includes: bank account, 401K, cash on hand, valuable jewelry or the like.
4) Whether or not you intend to repay, you must record any accumulated debt you have acquired.
5) You may also need to provide information on certain transfers of money or property in the past recent years.
Filing for bankruptcy may be complex so it is important to hire a competent and experienced Tampa bankruptcy attorney to assist you through this stressful process. Call 813-931-0840 today for a free consultation on how we can assist you through your bankruptcy filing process.
There are ways to keep your home in bankruptcy. “Automatic Stay” is one of the first advantages of bankruptcy, which will prevent creditors from taking collection action against you. If you are facing foreclosure, the filing of a bankruptcy petition will temporarily suspend the foreclosure action. While the automatic stay will not last forever, it will give you more time to review all of your options. Attorney Michael Blickensderfer of Blick Law Firm can help you review all of your options before deciding which type of bankruptcy is best for your situation.
Personal circumstances, such as the type of bankruptcy you file, the amount of equity in your home, and whether you own the house jointly with someone else are all factors to consider. In a Chapter 7 case, while you will lose assets but get rid of debts, you can either formally reaffirm the mortgage loan or, in some judicial districts, just keep making payments. If you fall behind on payments, and have some equity in your home, Chapter 13 bankruptcy may be a better choice for you because it allows you to pay off the arrearages (mortgage) over time and therefore face less risk to losing your home. A critical consideration in a Chapter 13 case is whether a debtor whose home loan is in default can make the larger mortgage payments (the missed payments plus resuming the original payments) over the repayment period.
For more information regarding keeping your home when filing for bankruptcy or general questions about qualifying for Chapter 7 and Chapter 13 bankruptcy call Blick Law Firm today at 813-931-0840.