Step By Step Guide To The Bankruptcy Process
This brief guide is designed to give you a short version of the typical bankruptcy process and the steps that will be taken as your case proceeds through the process to discharge for a Chapter 7 or Chapter 13 Bankruptcy.
1. You will meet with me, Mark Chernev, for your consultation. I will give you a packet that you will complete.
2. You fill out the packet completely and gather all the necessary paperwork.
3. You drop off the packet, paperwork and required payment by check to this office.
- There is no appointment necessary, but please indicate when you’re coming. -
4. I will contact you in a few business days, either by phone email or letter, if I need any additional information or have any questions about the information you provided.
5. You take the pre-filing consumer credit counseling class and provide me with a copy of the certificate. This can be done any time prior to filing your case.
6. Your petition gets signed. I will call you to schedule an appointment to come in to sign your petition.
7. Your Petition gets filed. If you have paid the fee in full, taken pre-filing class, and we have all the required paperwork your petition will be filed.
8. Upon filing, I will send you a letter with your case number and the Court will send notice to all of your creditors.
9. 341 Meeting of Creditors. I will send you a letter a few business days after your case is filed about the creditors meeting. The meeting is generally 4-6 weeks after your date of filing. In the letter I will tell you where to go, what to bring and what time to be there. The required information, and map of locations can also be found here. I will meet you at the debtor’s waiting room approximately 15 minutes before your meeting.
10. At the meeting the Trustee will ask you questions about your petition under oath. These questions are factual questions about the information that is in your petition. They may also ask to see some supporting documents.
11. Financial management class. You will need to take a follow-up financial management class and provide me with a copy of the certification. After your creditors meeting, you will have 60 days to complete your financial management class.
12. Chapter 7 Only. At this point there is generally a 60 day waiting period. During this time the Trustee is reviewing your case, documents and performing his required duties. You will generally be discharged 60 days from the date of your creditors meeting. Please note that it can sometimes take up to 80 days for the Court to send you the discharge order, so be patient.
CHAPTER 7 CLIENTS YOU ARE DONE
CHAPTER 13 CLIENTS ONLY
13. Chapter 13 Only. There will be a confirmation hearing in your case which you DO NOT need to attend. If necessary, I will attend this hearing on your behalf to get your plan confirmed (approved by the Court and Trustee). This does not always happen on this first date set and can sometimes take a few months depending on the case. In the meantime, you are to continue to send your payments to the Trustee.
14. Your plan is confirmed.
15. If you wish, a wage order may be drafted by you and sent to your employer so that the plan payments are deducted automatically and sent to the Trustee.
16. The Trustee sends a Motion to Allow Claims and Order to you and to my office. Please note that this Motion is reviewed by me and if there are any issues it is brought to the attention of the Trustee by me. You do not need to take any action at this time.
17. Financial management class. You need to take a follow-up financial management class and provide me with a copy of the certification. You must complete this class prior to the conclusion of your Chapter 13 plan.
18. After you have made the plan payments for the required period of time (for some it can be 36, 48 or 60 months) your case will be ready for discharge.
18. You will receive your discharge approximately 8-10 weeks after making your final payment.
CHAPTER 13 CLIENTS YOU ARE DONE