Struggling under the weight of massive debt can be debilitating. When your bills are mounting, your phone rings with collection calls non-stop, when you’ve been sued for unpaid debt, when your wages are being garnished―it is time to explore how bankruptcy can help you get out of debt with bankruptcy basics.
The Process of Filing
Bankruptcy is a complex area of law, but when you work with the right bankruptcy attorney, the process of filing can be easy.
While every case is unique and will have specific requirements, filing for bankruptcy generally follows this process:
- Hire a bankruptcy attorney. We offer free consultations to anyone in Savannah, GA and the surrounding area. Call us at (912) 351-9000, contact us on the web, or email info@BrazielLaw.com.
- Gather the necessary documents. To properly prepare your bankruptcy petition your attorney will need certain documents.
- Complete the mandatory Credit Counseling course. Credit Counseling must be completed within 180-days prior to filing for bankruptcy. When you finish the course you will receive a certificate of completion, which must be filed with the Bankruptcy Court.
- Review and sign your bankruptcy petition. Prior to filing your bankruptcy petition, you should review it page by page, line by line, to ensure it is thorough and accurate to the best of your knowledge. Bankruptcy petitions are filed under the penalty of perjury.
- File with the Bankruptcy Court. Once your bankruptcy petition is complete, we will file it with the Bankruptcy Court on your behalf.
- Attend the Meeting of Creditors. This meeting will take place about a month after your case is filed. It does not take place in a courtroom, there is not a judge present, and while your creditors will be notified of the hearing and have the right to attend, they rarely do. The Meeting of Creditors (also known as the 341 Hearing) will be conducted by the bankruptcy trustee assigned to your case.
- Generally, in Chapter 7 cases, there is little the debtor must do after the meeting of creditors concludes.
- However, Chapter 13 cases are more complicated and involve a 3 to 5 year repayment plan.
- Regardless of whether you file for Chapter 7 or Chapter 13 bankruptcy, it is our job to make sure you are prepared for the Meeting of Creditors. We will help you through your bankruptcy case from start to finish, and we’ll be sitting by your side at the meeting.
- Complete the mandatory Debtor Education course. Debtor Education must be completed after filing for bankruptcy but must be completed prior to receiving your bankruptcy discharge order. It is a mandatory two-hour course in personal financial management.
In general, bankruptcy cases follow the above process. After bankruptcy, you will get to live without the stress of debt. Consider filing for bankruptcy as your opportunity to take control of your finances.
Filing for Bankruptcy Protection
At the Law Office of Barbara B. Braziel, we are committed to helping people get out of debt and gain the financial freedom they deserve. We invite you to learn more about who we are here. If you live in Savannah, GA or the surrounding areas and have questions about your debt relief options, let’s meet for a free consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. Find out more about Bankruptcy in our guide: All About Bankruptcy.