If you file the bankruptcy yourself, you must
fill out the forms. There are several forms. There could be between
30 and 60 pages in your petition, schedule and other papers filed
at the time of your bankruptcy. You must follow the local and
federal bankruptcy court rules in completing the forms. Preparing
these forms requires an understanding of both bankruptcy law and
local state law in order to enter the information correctly and
accurately. The forms have to be typed and a certain number of
copies must be included with the filing. Today, most attorneys
use a computer system to prepare these forms because of there
complexity and voluminous nature.
About 30 to 40 days after you file the bankruptcy you will have
to attend a hearing presided over by the bankruptcy trustee. This
hearing is called the First Meeting of Creditors. At this hearing
the trustee will ask questions under oath regarding the content
of your bankruptcy papers, assets, debts and other matters. After
the trustee is done, your creditors will be permitted to question
you. Do not worry, your attorney will be there to represent you
and your attorney will help you prepare for the hearing. Sometimes,
after your hearing is over, various creditors will approach you
to discuss the status of secured property or your desire to retain
a credit card. Your attorney will negotiate with them, with your
knowledge and approval.
After this hearing you will normally not need to return to court.
However, if a creditor files a motion or an adversary action,
most likely you will have to return to court. This is the exception
and only your attorney can determine if this is likely to happen.
Under normal circumstances, the bankruptcy court will automatically
issue the discharge 60 to 75 days after the First Meeting of Creditors.
You can reestablish credit though and be back in "A"
credit two years after the discharge of Bankruptcy. The bankruptcy
is a judgment and will be listed for a period of up to 10 years
after the discharge. You must wait 6 years to file again or if
your bankruptcy was dismissed you must usually wait for 180 days
to refile. Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each
state has its own bankruptcy laws, so you need to check with your
state for details. Information dealing with Chapter 13 bankruptcy
and consumer debt restructuring is not discussed in the above
FAQs. The information contained in the following FAQs is provided
for general information purposes only and is not intended to be
a legal opinion nor legal advice nor is it intended to be a complete
discussion of all the issues related to the area of Chapter 7
consumer bankruptcy. Every individual's factual situation is different
and you should seek independent legal advice regarding specific
information.
|