Filing for Bankruptcy

The process of filing for bankruptcy can be tedious and overwhelming at times and should never be undertaken alone or with the use of a document preparer service. If you are thinking of filing for bankruptcy then the first thing you should do is to contact a qualified bankruptcy attorney to schedule a consultation to review your options. Be prepared to bring certain documents with you (bank statements, paystubs, tax returns), as well has have a good idea regarding your monthly expenses (living expenses).

Once you have had your initial consultation, provided your documentation to the bankruptcy attorney, and made a decision regarding which chapter bankruptcy you will be filing then you must take a credit counseling course. The credit counseling course takes approximately 20-40 minutes and is a course that can be completed on the internet via a computer or over the telephone.

When the attorney completes all the paperwork, the debtor has finished taking the course as well as has paid the attorney the agreed amount, then the attorney will call the debtor back to the office and have him or her review all the bankruptcy documents, that are about to be filed, for their accuracy. Upon reviewing and signing the bankruptcy documents the bankruptcy attorney will file the case and the debtor will be assigned a case number as well as be giving a court date for the meeting of the creditors.

The entire bankruptcy filing process’s speed largely depends on the debtor’s ability to provide the attorney with correct and necessary documentation to prepare the case. If the debtor is quickly able to provide the attorney the requested information then the bankruptcy can be prepared and filed in about one week.

Once the case is filed the debtor must attend a brief court hearing, called the meeting of the creditors, with their attorney. The meeting will take place between 30 and 40 days from the filing of the bankruptcy case. During this hearing the bankruptcy trustee will ask the debtor numerous questions regarding the debts and assets listed on the bankruptcy petition. This meeting will take between five and ten minutes long.

After the meeting of the creditors is complete then, in most cases, the only other thing left for the debtor to do is to complete the second online course called the Financial Management Course. Upon completion the debtor should email a copy of their certificate to their bankruptcy attorney.

Approximately 60 days after your meeting of the creditors you will receive your bankruptcy discharge and all dischargeable debts will be discharged and you will be able to begin rebuilding your credit and life. If you are thinking of filing for bankruptcy and would like to schedule a free consultation with a local bankruptcy lawyer then please contact Shmucher Law, PL by calling 305.741.5553 or 954.309.5559.

Shmucher Law, PL, a bankruptcy law firm, represents debtors, creditors, and trustees in bankruptcy matters throughout Broward and Miami-Dade counties.

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