2. Gather Necessary Documents
If you have already met with us or, if by doing your research, you know that bankruptcy is right for you, you may download and print the Bankruptcy Questionnaire found on this website.
This questionnaire is just between you and the attorney, so don’t fret. All we ask is that you complete it thoroughly and legibly. If there are questions you don’t understand, just note them and we’ll discuss them with you in person.
- In addition to the questionnaire, we will need certain Required Documentation from you. Although it may vary depending on the individual client, we typically require the following;
- Last two (2) years tax returns;
- Last six (6) months paystubs for ALL persons employed in the household
- If you are self-employed, you need to provide an itemized Profit and Loss statement broken down by each month.
- Last three (3) months bank statements for all accounts
- Copies of all vehicle registrations
- Copies of any and all lawsuits against you.
3. Credit Counseling
All debtors in the United States filing for bankruptcy must complete a pre-filing Credit Counseling course online. Our offices recommend using http://summitfe.org/; however, you may use any approved company you wish.To learn more about the required pre-filing and post-filing credit counseling, click here.
4. Means Testing
Once our office has received all required information and documentation from you, we will perform the required means test to determine which Bankruptcy Chapter you qualify for and, likewise, draft the necessary Petition, Schedules and related documents.
We will then schedule one last appointment with you to explain all the documents to you which you will then sign off on and approve.
5. Filing
Bankruptcy cases are filed electronically and immediately; thus, we will be able to present you with a case number that you can then give to any creditors who contact you. We also use this information to immediately cease all creditor actions, garnishments, repossessions, and foreclosure sales.
6. 341 Meeting of the Creditors
Soon after filing, the US Trustee’s office will notify us with a date and time for you to attend what is known as a 341 Meeting. This is NOT court and there is no reason for concern. The basis for this meeting is to get you under oath confirming that you read all the information in your Petition and listed all of your Creditors and Assets.
Creditors do have a right to attend to also ask you questions; however, this is extremely rare and your attorney will be sitting right beside you. This meeting usually lasts for only 5 minutes and usually takes place about one month after the date of your filing.
7. Discharge Order!
Roughly 45-60 days after the Meeting of the Creditors is held, you will receive your Discharge Order from the Court evidencing you being released from any further liability on those dischargeable debts scheduled in your bankruptcy.
** If you are a Chapter 13 client, your attorney will attend a confirmation hearing to confirm the terms of your proposed payment plan. Typically, the client does not have to attend court for this hearing. Once you have completed your plan of reorganization, the Court will then enter your Discharge Order.
Metairie Bankruptcy Attorney
At Big Easy Law Group, our attorneys help hundreds of individuals through the bankruptcy process each year. We pride ourselves on our personal involvement in each client's case, and our outstanding communication.
Any call that we receive from a client about their bankruptcy case is returned within the same business day.
If you require help in getting started with the filing process, our attorneys are available to provide you with whatever you need to pursue your goal of financial freedom.
Contact a bankruptcy attorney who can help you get started.
