Frequently Asked Questions for Existing Chapter 7 Bankruptcy Clients

    Am I filed?

 


You’re not if you haven’t signed a retainer agreement. Your case is not filed until your case is paid in full, all papers requested by the law firm have been provided, and you have actually signed the paperwork for filing.

    What happens after filing?

 


Within a week of filing you should receive the notice of the creditor’s meeting. We will meet at the Bankruptcy Court as directed in your notice from the court and have that meeting with the Trustee as we discussed during the consultation.

    What happens at the Trustee meeting?

 


The purpose of the meeting with the Trustee is for creditors to question you about your financial condition. Creditors rarely appear. Normally a Trustee will ask you a series of questions to include the following:

  • Were you a resident of your county for at least six months prior to filing?
  • Have you sold any real estate in the last six years?
  • Have you given more than $200 to any family member in the last two years?
  • Do you expect to receive an inheritance in the next several months?
  • Have you been injured in the last two years such that you could sue someone for damages like an auto accident, medical malpractice, or slip and fall, etc.?
  • Has your financial condition changed since you filed for bankruptcy?
  • Have you ever filed bankruptcy before?
  • At the end of the month, after paying all of your bills, do you have more than $300 left over?

The Trustee may have additional questions regarding the values on your bankruptcy petition. Please look at your bankruptcy petition before the meeting so you can tell the Trustee why you believe the values as stated for your assets.

It is important that you bring a photo identification and something with your Social Security number on it to the meeting with the Trustee.

    Why do they keep garnishing my wages or otherwise taking my money?

 


If you are being garnished after filing for bankruptcy or any other actions are taken against you by any creditor, please contact my office immediately.

    What happens after the meeting of creditors?

 


After the meeting of creditors, it is important that you make sure that any Reaffirmation Agreements that you want to sign are agreed to. You need to take a financial management course and try to get that done by the time we meet with the trustee. After that, assuming there are no problems with your case, then the Court will automatically mail an Order of Discharge about two months after the meeting of creditors. If you do not receive an Order of Discharge in the mail within 90 days of the meeting of creditors, then call my office. Sometimes the clerks run behind a few weeks and your Order of Discharge may not come right away, so wait at least 90 days before calling my office and asking where it is at.