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What is an “automatic stay”?
Filing for Chapter 7 bankruptcy puts into effect an “Order for Relief” — known informally as the “automatic stay.” The automatic stay immediately stops most creditors from trying to collect what you owe them. So, at least temporarily, creditors cannot legally grab...
What kind of control does the bankruptcy court have over your finances?
By filing for Chapter 7 bankruptcy, you are technically placing the property you own and the debts you owe in the hands of the bankruptcy court. You can’t sell or give away any of the property you own when you file, or pay off your pre-filing debts, without the...
What does the trustee do?
The court exercises its control through a court-appointed person called a “bankruptcy trustee.” The trustee’s primary duty is to see that your creditors are paid as much as possible on what you owe them. And the more assets the trustee recovers for creditors, the more...
What happens at the 341 hearing?
Upon filing your bankruptcy petition you will be given the date for your 341 hearing which is also called the “meeting of creditors”. This hearing is not as scary as it sounds. Very rarely do any of your creditors ever appear at the hearing. The bankruptcy...
What happens after your 341 hearing?
If the trustee determines that all of your assets are exempt he will recommend to the court that your debts be discharged. Approximately 90 days after your 341 hearing the court will order your debts discharged and your Chapter 7 will be completed. At the end of...
What is the solution to my debt problems?
If you are reading this chances are you’re feeling overwhelmed by your debt and you are looking for a solution. You are probably feeling stressed out with calls from bill collectors. You are worried you are going to be sued, have vehicle repossessed or lose your...
What forms must I file in my Chapter 7 Bankruptcy?
The following forms must be filed in your chapter 7 bankruptcy. If you should fail to file just one form and your bankruptcy will be dismissed. Official Form B1-Voluntary Petition -This form is used to commence a voluntary case under Chapter 7, 11, 12, or 13 of...
What forms must I file in my Chapter 13 Bankruptcy?
Official Form B1-Voluntary Petition -This form is used to commence a voluntary case under Chapter 7, 11, 12, or 13 of the Bankruptcy Code. Please note that only the last 4 digits of your Social Security number are entered on this form. Official Form...
How Do I Fill Out My Bankruptcy Forms?
ALL BLANK SPACES AND LINES ON EACH FORM must be completed. Some forms (Schedules E, F, G, and H, and the Statement of Financial Affairs) contain boxes to indicate that the debtor has nothing to report or a question does not apply. On all...