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The Basics of the Bankruptcy Process


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1/11/2012
Tobias Licker, Esq.
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The decision to file for bankruptcy is a very important and personal decision.  If you are considering filing for bankruptcy there are a number of things to consider and a number of common pitfalls to avoid.  Even after making the decision to file for bankruptcy you probably still have many questions about how the process works and how long it will be until the bankruptcy is final.

As bankruptcy law is quite complex, the first thing you will want to do is schedule a consultation with an attorney.  At this consultation we will take some information, evaluate the case, and answer any questions you may have.  At the end of the consultation we will advise you about whether you qualify to file for bankruptcy, and if so whether you should file for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.

Should you decide to retain A & L, Licker Law Firm, LLC, an attorney will go over a contract with you.  At this time we will discuss attorney fees, possible payment plans, and all court fees.  We will then go over the information you will need to provide.  This will include creditor information and other personal information.  It is advisable to begin working on this as soon as possible.

Once you have made your final payment on attorney fees and have submitted all of your information we will begin work on your case.  From this time it may take a few weeks to work on your case.  Once we have finished our work and you have paid at least half of the court fees we will then file your case. 

The filing date is the most important date in a bankruptcy proceeding.  As of the filing date creditors are legally barred from contacting you or trying to collect any money from you.  Should creditors attempt to make contact or collect you should advise them that you have filed for bankruptcy and that you are represented by an attorney.  You may give them your attorney's name and contact information. 

Once you have filed your case it generally takes about four months until the bankruptcy is finalized.  At some point you will be called before a trustee who oversees bankruptcy proceedings.  This is a very short meeting where you will be asked a few questions.  Should you retain counsel a lawyer will be at the meeting with you.  When the bankruptcy is finalized you will be notified my mail that your debt has been discharged.


Category: Bankruptcy


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