Consulting an attorney is a great first step if you are considering filing chapter 13 bankruptcy to gain back control of your financial health. Unfortunately, you may not realize there are other steps in the process once you decide to file. Your attorney’s help will guide you through the legal process of filing chapter 13.
Once you decide to file, you will need to enroll in a credit counseling course. The course must be completed at least six months before filing bankruptcy.
While it is required, the credit counseling class will also be helpful in teaching you the importance of budgeting and how to use credit to your advantage.
Once you complete the counseling course, you and your attorney will work together to design a repayment plan. This plan will include the total amount of debt you will pay back over a period of 5 to 7 years. The proposal will also include your monthly payment, which a bankruptcy trustee will disperse to creditors.
Once the proposal is in place, your attorney will file the chapter 13 bankruptcy petition along with your recent tax returns. The court system will appoint a trustee to administer your case.
The trustee will review your case to ensure you have met all laws and requirements.
If you have met all the requirements, your trustee will notify your creditors about your bankruptcy filing, and an automatic stay will then go into effect.
The automatic stay prevents your creditors from collecting. Also, interest and late fees will stop once the automatic stay is in effect.
The meeting of creditors, which is also known as the 341 meeting, will occur next. This session allows you, your trustee, and creditors to discuss the payment arrangements that will happen once the bankruptcy is confirmed.
Your attorney will be obligated to attend a confirmation hearing. The hearing is where you and your attorney will learn a final decision on your bankruptcy. Once the plan is confirmed, your bankruptcy will be in place.
The hearing will also be the start of your repayment plan. Making your monthly payments to your trustee on time is essential. If you default on payments according to the bankruptcy plan, legal action will be taken by the creditors and the court system.
You should understand the entire process of filing bankruptcy. To learn more about filing chapter 13 bankruptcy, contact Collins & Arnove in the Dallas, TX area at 972-516-4255.
Collins & Arnove | Chapter 13 Bankruptcy Dallas TX | 972-516-4255