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What to Expect

As a general concept, a Chapter 7 is a brief case that takes about 3-4 months after filing your case to get a discharge while a Chapter 13 is a 3-5 year payment plan that has a discharge at the end of that period. Although a Chapter 13 filing involves payments these may be limited to catching up your arrears on your house, paying recent taxes or paying a very small percentage of your debts.

Chapter 11 cases are complicated and have the ability to scale to extremely large businesses. Questions about the Chapter 11 process are best addressed at the consultation.

The general process of Chapter 7 and Chapter 13 works as follows before it changes depending on which chapter of bankruptcy you are using:

  1. You retain Reginald Hindley and put his vast experience to work for you.
  1. You fill out a lengthy worksheet detailing your financial transactions for the last couple years and return it to our office along with recent statements from secured creditors, copies of lawsuits etc.
  1. You give us copies of your tax returns for the last couple years and copies of all paystubs you have received in the last 6 months and current ones as you receive them. If you operate a business, even if you are an independent contractor, we will need monthly profit and loss statements for the last 6 months and current statements as new months conclude.
  1. Reginald Hindley and his staff use your information to prepare a bankruptcy petition and other documents required by the Court.  Experienced legal analysis is used to determine the best possible presentation of your case to the Court.  Proper preparation of your estate for bankruptcy is also determined.
  1. We send you a draft of your petition to review for accuracy.
  1. You take a credit counseling course.
  1. After any necessary final changes, you come in to sign your petition and do a final review with us of your petition.
  1. We file your paperwork with the court and you are now in bankruptcy. A Trustee is appointed who takes control of your estate. 
  1. 4-5 weeks after filing you will go to a Meeting of the Creditors (341 Meeting) where the Trustee, and any creditors that choose to appear, will ask you questions about your estate and your paperwork to ensure that they are fully informed on all relevant details of your estate and your financial transactions and that all monies and assets have been accounted for.
  2. Opposition to your case is handled by our office. Further supporting documentation may be needed from you to support the positions taken in your case.
  3. You complete a second credit counseling course.
  4. At this point your case changes depending on which chapter you are in.

 

Chapter 7

  1. You wait approximately 2 months after your Trustee meeting for your discharge order to be issued by the Court.  This will rid you of any obligation to pay on dischargeable debts.   

 

Chapter 13

  1. We appear on your behalf at confirmation hearings where we get a payment plan approved that is of maximum benefit for you.  This can take a few months and multiple hearings to resolve.
  2. The Trustee and Creditors may file objections to your case which are responded to by our office. Some additional documents may be required as proof of the positions taken in your case.
  3. Your plan is confirmed by order of the court.  You then complete the plan payments for the duration of the ordered plan. A discharge is issued upon completion of your plan obligations.