Filing a Chapter 7 Bankruptcy
This artical is provides information regarding filing a chapter 7 bankruptcy. FIling a chapter 7 bankruptcy requires that you provide your bankruptcy attorney certain financial information. Once this financial data is provided you are well on your way to filing a successful chapter 7 bankruptcy.
I Want to File Chapter 7 Bankruptcy. How Can I Help Make It Go Smoothly?
No matter the skill and experience of a bankruptcy attorney, it is ultimately the client who determines how long and difficult the bankruptcy process is. There's multiple methods you can help your bankruptcy lawyer in the preparation of your petition to file bankruptcy..
Much of the hassle during the Chapter 7 process comes from gathering all of the appropriate documents needed for the petition and for the bankruptcy trustee. The bankruptcy attorney you hire will require your last two years of complete tax information and copies of car titles and other vehicle titles that are in your name, and also copies of. Your attorney will also need copies of the most recent six months worth of bank statements (for any bank accounts you have) and the most recent six months of pay stubs (if you are employed). If you are being paid child support or other support domestically, your bankruptcy lawyers should be given you final divorce order or any other court orders setting out the court ordered payment.. What documents are needed by the attorney may be determined by the particulars of your case. This may seem like a lot of work, but having those documents organized and ready by the time you are ready to start the process will save time and headaches for both you and your attorney.
Your attorney will likely suggest that you run a credit report through their system. While this option may cost a small fee, it is highly recommended. Many bankruptcy lawyers utilize credit reporting services that give them access to the major credit bureaus, and the service provides all relevant account information.. This information will be automatically uploaded Clients do have the option of compiling this information themselves, but it can be difficult and time consuming. While the free annual credit report will contain most of the information gathered by your attorney's service, most, if not all, of the "free credit report" companies advertised on TV and the internet are insufficient. The reason for this is that they don't give you the complete account number, required in your petition for Bankruptcy..
Remember, what ever direction you go, understand that many creditors do not send your credit information to the major credit reporting bureaus'. Who ever you owe money to regardless of their relation to you or if they have tried to collect the debt from you, many of your creditors may not be contained in. You should know how much money you owe and who you owe it to, once you know this you add these people to your bankruptcy it will allow you to get the debt forgiven..
Most bankruptcy lawyers will assist you to file bankruptcy, but you have to tell him everything about your finances.. He or she is fully capable of helping you find solutions to your problems, but he cannot work on problems he or she does not know about. Your Bankruptcy Lawyers will ask you for specific account information and its important that you are forthcoming. You may find some of the questions to be prying, or just find the bankruptcy process to be embarrassing, but you must not let that stop you from giving honest and complete answers to your attorney. Your bankruptcy is not an adversarial process, but it is monitored by the Federal Bankruptcy Judge and Federal Bankruptcy Trustee assigned to your case, along with the Trustees' Office. Giving honest and complete answers will help prevent the appearance of impropriety, such as hiding assets, which could prompt questions from the Trustee and delay the bankruptcy process.
The largest problem with filing your bankruptcy is not having payment. By law, an attorney cannot file a Chapter 7 bankruptcy petition until he has been fully paid. Be prepared to pay your lawyer before he files or have a strategy in place for the means you will use to pay for your bankruptcy case..
Before you can file a Chapter 7 bankruptcy, you must complete a Credit Counseling Course. This course is mandated by law, and a certificate of completion is included in your bankruptcy petition. In addition, after you file, but before you are discharged, you must complete a Debtor Education Course, also mandated by law. Failure to complete the first course will prevent your case from being filed. If you don't finish the second bankruptcy class your bankruptcy case may not be completed. Your attorney will be able to provide you with options on how to complete your required education courses.
In relation to whats contained in this article, the best way to help the bankruptcy attorney make the process is easy for you is to answer all questions as asked. The faster you respond to your attorney's questions and requests for documents, the faster and easier the process will be. This includes returning phone calls or emails and scheduling (and showing up on time) to appointments. Being responsive, along with the other tips presented here can be the difference between your bankruptcy filing taking a couple of days to prepare or a couple of months to prepare. You, the client, more than any other factor, determine how it will play out.
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ABOUT THE AUTHOR
Meagan Kerr is an author in the legal field. She has published articals for legal practices areas inuding bankruptcy, personal injury, family law and more. Meagan Kerr has worked as a Paralegal and is currently a third year law student. For free information regarding bankruptcy please visit: http://tulsabankruptcylawyers.net/