Will I have an Attorney to represent me at my Creditor Meeting or 341 Hearing?

Yes, either Jay Weller or Kimberly McIntyre will represent you at the Creditor Meeting in your Bankruptcy Case. We advise that you be present at the Meeting at least 20-30 minutes early so that we can meet with you before entering the Bankruptcy Hearing and speaking with the Bankruptcy Trustee. Please bring your Driver’s License and Social Security Card or evidence of your Social Security number, such as a health insurance card.

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I filed Bankruptcy but I keep getting phone calls from Creditors. What should I do?

You can tell the Creditor you filed Bankruptcy and give him your Case Number. Usually, this will prevent any further phone calls. If the Creditor persists, have him call our office.
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I got a letter from the Bankruptcy Court stating I have to file my taxes. What is this?

If you file a Chapter 13 Bankruptcy, our Law Firm suggests that you file you taxes before filing the Bankruptcy. Upon filing Chapter 13 Bankruptcy you will receive an “Order Establishing Duties of Trustee and Debtor” stating that you must file any delinquent taxes before your 341 Meeting of Creditors or your Chapter 13 Bankruptcy will be dismissed. Any current tax returns must be filed before the Confirmation Hearing (20-44 days after the Confirmation Hearing) or the Bankruptcy will be Dismissed.
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The balance on one or more of my accounts or credit cards may be different now, does that matter?

Usually it does not matter. In a Chapter 7 Bankruptcy the amount of the debt is less important than whether we can Discharge that particular debt. In a Chapter 13 Bankruptcy the difference is only important if the amount listed in the Bankruptcy greatly exceeds the original debt.
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Do I have to attend the 341 Meeting of Creditors or Creditor Hearing?

If you file Bankruptcy, attendance at the 341 Meeting of Creditors is required. If you do not attend, your Chapter 7 Bankruptcy or Chapter 13 Bankruptcy will be dismissed. In a Chapter 13 Bankruptcy, you usually do not need to attend the Confirmation Hearing (where your Bankruptcy is formally approved by the Bankruptcy Judge), unless the Bankruptcy Attorney notifies you that you must attend.
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How long is my credit affected if file Bankruptcy?

A Bankruptcy is on your Credit Report for ten years. However, if you file Bankruptcy, either Chapter 13 or Chapter 7, your credit is affected for about 2 years. If you wish to Refinance your Homestead or House, you generally need to wait 1-2 years to do so. Our Law Firm also can assist you in Refinancing you Home. If you are behind on your Home or Homestead, and you file a Chapter 13 Bankruptcy, you must make at least 12 consecutive on-time payments to the Chapter 13 Trustee in order to Refinance.

New car loans are usually available after your Discharge in a Chapter 7 Bankruptcy or Confirmation in a Chapter 7 Bankruptcy. It usually takes longer to obtain unsecured credit cards. Every case is different. Our Law Firm suggests you speak with on of our Bankruptcy Attorneys or Lawyers regarding your specific case and needs.
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