Frequently Asked Questions
What kind of bankruptcy do I need to File ?A comprehensive analysis of a persons or companies financial status and activities is required before an attorney can recommend a bankruptcy filing and the bankruptcy Chapter required. A consultation with an attorney is a preliminary requirement.
What are the costs to file a bankruptcy case ?Generally, bankruptcy professional fees are exceptionally reasonable. Each case varies in its legal requirements and an attorney can usually provide a reasonable estimate of the costs of a case at the initial consultation.
How long will a bankruptcy filing affect my credit ?Credit worthiness after a bankruptcy case is determined by individual creditors. Most people with steady income may become fully credit worthy after two years from the date a case is filed, although the situation varies for each individual. A credit report may reflect a bankruptcy filing for up to ten years under state credit reporting laws.
Must I attend my creditors meetings ?Yes, every person filing a bankruptcy case must attend a creditors meeting by law.
Can I get a different hearing date for my creditors meeting ?You must contact the office of the trustee to seek a continuance or postponement of a hearing. The Trustee has discretion to allow a continuance of a case should the facts warrant such a request. Failure to attend a hearing can result in the dismissal of your case, sanctions, or both.
If I do not have an attorney, can the Trustee's office help me with my case ?The Trustee represents the creditors in the case and is therefore seeking to protect their interests. A Trustee's office cannot provide any legal assistance or advice to any party in the case. The Trustee will provide general information regarding the administration of the case to parties in interest in order that they better understand the bankruptcy process.
What can I do if creditors continue to call and attempt to collect payments even though I filed bankruptcy ?If you represent yourself without an attorney, you must respond to creditors inquires regarding your case and intentions regarding their debt. Collection of a debt after the filing of a case, and harrassment for that purpose, is not permitted by law. An attorney should be consulted if you believe your rights are being violated by a creditor.
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