Bankruptcy

A. Usually when you come for your first appointment, we do an initial consultation to discuss your specific situation, give you our recommendations and educate you on the bankruptcy process. You need not feel any obligation to file simply by coming in for an initial consultation, and our initial consultations are always free of charge. However, some clients know for certain that they are ready to file and want to get started right away. If you bring all of your documents with you we can complete all of the required filings before you leave our office. Your bankruptcy is normally ready for filing within 48 hours, and can be done almost immediately if necessary.

For an emergency filing, we can file just the Voluntary Petition, but we also need a list of all of your creditors, collection agencies, sheriffs, attorneys and others who are seeking to collect debts from you. If we do an an emergency filing, the additional documents must be filed within a 15 day period or your bankruptcy will be dismissed.

Q. What documents should I bring to my first consultation with your law firm?

A. Documents to Bring 1) $806 Check or Money Order ($300 to begin the preparation of the documents). 2) IRS and State Tax Returns for the most recent 2 years. 3) Pay information for the last 7 months. 4) EVERY debt (Name, Address, last 4 digits of the account and approximate balance. 5) Every Debt! You must provide the Name and Address of the Creditor or the debt WILL NOT be discharged. This included collection agencies and tax bill.

Q. What will it cost to file for bankruptcy?

A. For either a Chapter 7 or 13 bankruptcy our retainer fee is $300. In order to file the bankruptcy petition with the court, which officially starts your case and will stop the foreclosure and the sale of your house, garnishments and calls from creditors, we ask for an additional $200 toward attorneys fees and the court filing fee (paid to the court upon filing) of $306 for a Chapter 7 case or $281 for a Chapter 13 case. We will discuss payment options for the remaining attorneys fees. Our fees are very competitive and we realize that money is tight. Even with our clients who rely solely on Social Security, we can work out payment arrangements to suit your budget. Please feel free to discuss our fees and payments when you meet with our attorneys as we encourage you to voice your concerns with regard to our fees.

Q. How long will it take until I must go to court?

A. Your court appearance, called the "Meeting of Creditors" (even though it is very rare for any creditor to attend) takes place approximately 30 days after your documents are filed. We will be with you at that meeting to represent you. In Chapter 13 cases, plans are usually confirmed within 90 days of filing, depending on the court's backlog.

Q. Do I have to make payments on my debts?

A. If you file a Chapter 7 case, you do not make payments on your unsecured debts (credit cards, medical bills, signature loans, etc.). However, if you have car loans or home loans and want to keep your car or home, you simply continue to make your payments directly to those creditors. In Chapter 13 cases, you make payments to the Chapter 13 Trustee, who then distributes those payments to your creditors according to your directions in a document we prepare for you called a "Chapter 13 Plan".

Q. If I do a Chapter 13 repayment plan, how many months will I have to make payments under the plan?

A. The minimum time period for a pay plan is 36 months but most of our clients prefer a 60 month pay plan.