The Bankruptcy Process
Most bankruptcies are relatively straight forward. Our job is to help make it as easy as possible for you to get through the bankruptcy without complications. Thompson Law Office begins the process by having the client complete a detailed questionnaire about assets, liabilities, income and expenses. These questions can be completed either on paper or on a special website that automatically downloads the information into our bankruptcy case data for you. If you'd prefer to use this questionnaire online procedure let us know your email address so we can make that option available to you.
The questionnaire can be worked on at home and returned to our office when completed. If you need help understanding the questions be sure to call us so that we can help in completing the forms. We will also ask you to provide us with several documents such as paystubs, tax returns, property tax assessments, and credit reports. Once all the information has been returned, a bankruptcy petition and "schedules" will be prepared using the information you've given us. We then have a meeting with the clients to review the documents and make sure all assets and liabilities are listed and the clients understand the purpose and consequences of their bankruptcy. Once the clients sign the documents they will be filed with the U.S. Bankruptcy Court.
If the bankruptcy is filed under Chapter 12 or 13, a "Plan" is also filed that shows how the debtors intend to repay their debts and how much will be repaid. In most cases not all the unsecured debt is repaid in a Chapter 12 or 13, just the amount that the debtors can afford to repay. Debtors also have to complete a 60-90 minute credit counseling briefing before filing. Clients can do that credit counseling in our office over the phone or Internet or we can provide you with the name and contact information for the credit counselor to use and arrange for you to do the counseling from your home. About one month following the filing of the bankruptcy schedules, debtors meet with a trustee appointed to oversee administration of the bankruptcy. Creditors are also allowed to attend these meetings but they rarely do. At the meeting, the trustee will ask several questions about the debtors' schedules to determine whether all assets and liabilities have been listed. The meeting does not usually take much time.
After the trustee meeting is over, in a Chapter 7 bankruptcy, debtors must wait several more weeks before an Order of Discharge is entered by the Court. Debtors never have to appear before a judge unless there are disputes with a creditor or the trustee. In a Chapter 12 or 13 bankruptcy, creditors and the trustee are also given an opportunity to object to the debtors' proposed Plan. If any objections are made, those must be resolved before the Plan can be confirmed by the Court.
Debtors must also complete a debtor education course after the bankruptcy has been filed but before a discharge. Again, that one session course can be completed in our office or from home. We'll give you more information about this course when we meet.
From the time of filing to the Order of Discharge a Chapter 7 bankruptcy generally takes about six months. Obtaining a Chapter 12 or 13 confirmation of the Plan often takes about the same amount of time but may take longer if there are objections to the Plan.
