Bankruptcy – A 7 Step Process
- Call us today to schedule your initial consultation
Once you have scheduled a consultation, our staff will send you an initial client intake package. Included in this package will be a client questionnaire which will gather very important information. You will complete and return the questionnaire to our office 1 week before your scheduled consultation. An experienced bankruptcy attorney will use this information, along with the information gathered at the consultation to determine your best bankruptcy options and will likely present those to you at the end of your consultation. - Retain an Attorney
In order to commence with the preparing of a bankruptcy petition, you will need to sign what we call a retainer agreement and pay a retainer fee. A retainer agreement is a contract between you and your attorney, outlining the responsibilities each has to the other. Once the retainer agreement is signed and you have paid the required retainer fee, you have officially hired your attorney and he or she can begin preparing the necessary court documents. - Credit counseling
To file either chapter 13 or chapter 7 bankruptcy, an individual must first obtain a credit counseling or “briefing” from an agency approved in the district in which you expect to file. Your attorney at the Ruiz Law Firm will coordinate the credit counseling for you. The briefing can be completed online or by phone at your convenience. All you have to do is “show up”.
The credit briefing outlines available opportunities for credit counseling and other alternatives to bankruptcy. This is an exercise; the counselor does not have to approve your decision to file bankruptcy. However, failure to get the briefing or to meet very restrictive exceptions to the requirement to get it will result in dismissal of a bankruptcy case. - Bankruptcy papers
A case is begun by filing a petition and all required documents with the bankruptcy court and paying the filing fee. In order to file your petition, you must have completed Step 3, Credit Counseling. The current filing fee for a chapter 13 bankruptcy is $281. The filing fee for a chapter 7 is $306. This fee will be paid to your attorney who will then submit it to the bankruptcy court with your petition. - Court Appearance-Your attendance is required
You will be required to attend at least one meeting of the creditors (the § 341 meeting), in which the trustee and any creditors who choose to come can ask you questions under oath about your financial affairs.
If you have filed a chapter 13 bankruptcy case there will also be a confirmation hearing which you may or may not be required to appear at. - Complete the post-filing financial management course
This can be thought of as the second half of the credit counsel requirement. You must complete your post-filing financial management course before your debts can be discharged. This second course will also be coordinated through the Ruiz Law Firm, and all you have to do is show up. - Wait for your discharge
If you have filed a chapter 7, you’re done. The process in Chapter 7 from filing to receipt of the discharge order is usually between 4 and 6 months. During that period, the debtor generally does not have to do anything other than attend the first meeting of creditors and obtain financial management education as discussed above.
If you have filed a chapter 13, you will be required to continue to timely pay your monthly plan payment to the trustee. Upon successful completion of your plan, you will receive your discharge.
