Step 1 -Talk with us: During or after the initial consultation, we will need to collect the documents listed under “—-” in order to prepare your Bankruptcy petition. We will also provide you with an intake form that we will either fill out together or you can take home to complete. We can accept these documents by email or fax to speed the process and minimize the hassle to you. Once we receive everything it usually only takes us a week to be ready to file your paperwork.
Step 2 – Credit Counseling: Before we can file any paperwork with the court, you are required to take a credit counseling class and obtain a credit counseling certificate. This is completed over the phone or internet for a small fee. This fee is included in your bankruptcy fee. After completion, the company will send us a copy of your certificate. We will file your certificate with your petition.
Step 3 – Bankruptcy Papers are Filed: After receiving all your documents and counseling certificate. We will prepare your Bankruptcy petition and corresponding schedules. You will then review the bankruptcy petition with us for accuracy and sign them. We will file your bankruptcy petition with the court electronically. This allows us to file instantaneously and you immediately receive legal protection. Within 24 hours after filing, we will provide you with your bankruptcy case number and the date for your creditor meeting. If you receive phone calls from bill collectors, you can give the creditor your case number and our telephone number.
Step 4 – Financial Management Course: After your case is filed, you will need to complete a “Financial Management Course” approved by the United States Trustee’s office. This course is done over the phone or internet with the same company as your credit counseling course. This fee is included in your bankruptcy fee. After completion, the company will send us a copy of your certificate. We will file your certificate with The Court.
Step 5 – Attend Meeting of Creditors: After your bankruptcy case has been filed, you will attend a meeting with Attorney Naatz in Springfield called a 341 Meeting or a Creditor Meeting. At this meeting, a U.S. Trustee who is appointed to your case will interview you for short time and ask you some basic questions about your case. This meeting is mandatory, and you must appear with a Drivers License and Social Security Card. These meetings usually last only 5 to 10 minutes. The creditor meeting is generally the only time you must make an appearance relating to your bankruptcy filing.
Step 6 -Waiting period and Discharge: The Trustee and creditors are given 60 days after the Meeting of Creditors to object to various aspects of your petition. Although objections are rare, they do occur. Quality planning and preparation will help prevent most objections. If there are no objections filed in your case, you should receive a discharge shortly after the 60-day waiting period expires.
Step 7 – Post-Discharge Asset Administration:
If there are any non-exempt assets to be turned over to the bankruptcy estate, your case will remain open until all of the assets are received and distributed.