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Tag Archives: why file 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.