The Bankruptcy Process

The bankruptcy process begins with the initial contact with the attorney and ends with the granting of the discharge and the closing of the bankruptcy case. The process differs depending on your personal circumstances and whether you are declaring bankruptcy under Chapter 7 or 13. If you are in Cary, NC or the surrounding areas, reach out to William today to get him to walk you through each step in detail!

Declaring Bankruptcy Under Chapter 7

Perhaps the most important step in the chapter 7 process is one of the first decisions you will have to make, namely, choosing the right attorney.  At our initial consultation we will work hard to answer all your questions and gain your trust which we hope will assist you in this important decision.  A brief explanation of each step in the chapter 7 bankruptcy process appears below if you would like more details on a particular step, call our firm in the Cary, NC area today. 

 

  • Initial Contact with Attorney’s Office.
  • Free Consultation with an Attorney, not a Paralegal.
  • Pre-Filing Issues Addressed.
  • Second Meeting (Collection of Documents and Information from Client).
  • Completion of Credit Counseling.
  • Third Meeting with Attorney to Review and Execute Paperwork Necessary for Filing
  • Filing of the Case.
  • Attendance at the “Section 341 Meeting of Creditors.”
  • Chapter 7 — Execution and Filing of Reaffirmation Agreement, if any.
  • Chapter 7 — Filing of Motions to Redeem Collateral, if any.
  • Chapter 7 — Filing of any required Motion to Avoid Liens.
  • Chapter 7 — Assist you in Meeting the Various Deadlines in the Case.
  • Chapter 7 — Assisting in the Filing of the Required Financial Education Course Certificate.
  • Chapter 7 — Expiration of Various Deadlines.
  • Chapter 7 — Discharge Entered.
  • Chapter 7 — Trustee Administers Estate.
  • Chapter 7 — Case Closed.
  • Chapter 7 — Client’s Review of Credit Report.
  • Chapter 7 — Post Filing Issues.

Declaring Personal Bankruptcy Under Chapter 13

Filing for Chapter 13 bankruptcy is similar to Chapter 7 in many ways. Below is a list of steps you can expect when declaring bankruptcy under Chapter 13. If you have any specific questions about the bankruptcy process, don’t hesitate to reach out to our firm near Cary, NC!

 

  • Initial Contact with Attorney’s Office.
  • Free Consultation with an Attorney, not a Paralegal.
  • Pre-Filing Issues Addressed.
  • Second Meeting (Collection of Documents and Information from Client).
  • Completion of Credit Counseling.
  • Third Meeting with Attorney to Review and Execute Paperwork Necessary for Filing
  • Filing of the Case.
  • Debtor’s First Plan Payment is made.
  • Attendance at the “Section 341 Meeting of Creditors.”
  • Chapter 13 — Submission of Documents to The Trustee.
  • Chapter 13 — Filing of any required Motion to Avoid Liens, or Striping Mortgages.
  • Chapter 13 — Debtor Files Chapter 13 Plan and Resolves any Objections to Confirmation.
  • Chapter 13 — Running of Various Deadlines.
  • Chapter 13 — Objections to Claims.
  • Chapter 13 — Expiration of Various Deadlines.
  • Chapter 13 — Post Filing Issues.  Many issues can arise after the filing those can include:  Defending Against the Trustee’s Motions to Dismiss; Creditors Motions for Relief from Stay;  Preparing, Filing And Serving Amended Plans; Motions to Incur Debt; Motions to Approve Mortgage Modifications; Motions to Substitute Collateral; Motions to Sell Property; Motions to Purchase Property; Most to Disburse Insurance Proceeds. 
  • Chapter 13 — Debtor Completes Plan Payments.
  • Chapter 13 — Debtor Executes Required Certifications.
  • Chapter 13 — Final Report Filed by Trustee.
  • Chapter 13 — Chapter 13 Discharged Entered.
  • Chapter 13 — Secured Creditors Send Vehicle Titles to Debtor.
  • Chapter 13 — Client Reviews Credit Report.
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LEGAL DISCLAIMER:
The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. Berggren Law Offices, PLLC looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and Berggren Law Offices, PLLC.

11 USC Sec. 528 Disclosures
We are bankruptcy attorneys assisting clients file for bankruptcy relief under the Bankruptcy Code.
The information provided on this website is intended for use by individuals seeking general information about bankruptcy. No Attorney client relationship is created by use of this website or the information contained herein. It is provided as a service and does not constitute legal advice. It is an attempt to provide quality information, but no claims, promises or guarantees are made about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. As legal advice must be tailored to the specific circumstances of each case, and laws, including the common law, are constantly changing, nothing provided herein should be used as a substitute for the research and advice of competent counsel. Also, no representation is made that the information provided is current as of any particular date.
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