Your bankruptcy case progresses in steps,
beginning with the first day you step into our office. We will
immediately work to STOP harassment by the debt collectors.
If necessary, we will bring a lawsuit on your behalf against
them to enforce your legal rights under the Fair Debt Collection
Practices Act. We will prepare your bankruptcy petition and
make sure that all of the necessary documentation accompanies
your petition. You will always be involved in the process so
that you will know the status of your case at all times.
Filing
your case
As
soon as your case is electronically filed with the court, a
trustee is appointed. The trustee’s role is to determine
what assets you may have that are not protected by the bankruptcy
laws. Assets that may not be protected by the bankruptcy laws
can either be sold by the trustee or a payment arrangement can
be made by the debtor to pay these monies to the trustee to
avoid personal items from being taken. The trustee than distributes
the proceeds of the non-exempt assets to creditors. In most
cases there are no assets to liquidate. However, should the
trustee identify assets that are not protected you will have
been made well aware of this before the filing of your bankruptcy
petition. We at Berkowitz Law Group will explain what bankruptcy
exemptions are available to you well before you file.
If
you have filed a Chapter 13 case, the trustee is responsible
for reviewing your proposed repayment plan, making recommendations
to the court regarding the feasibility of that plan and distributing
the payments to your creditors under the terms of the plan.
You will be sending your Chapter 13 payments directly to the
trustee every month along with any other documents that are
required by law. Again, we at Berkowitz Law Group will help
you through every step of this process.
Meeting
of the Creditors (341 Hearing)
This
mandatory meeting, which is held in all bankruptcy cases, usually
occurs within four to seven weeks of the filing of your case
with the court. The purpose of this meeting is to give creditors
a chance to ask questions. It should be noted that it is extremely
rare that a creditor appears as the questions are primarily
asked by your trustee. The trustee may ask you questions about
particular items on your petition usually focusing on assets
or income. Any questions that the trustee may ask have already
been discussed with your lawyers at Berkowitz Law Group. Most
meetings only take a few minutes.
Some
clients feel some level of anxiety or fear leading up to the
meeting with the bankruptcy trustee but there is little reason
to have apprehension or trepidation. The meeting will take place
in an office building and will be conducted in a large room.
The trustee is not a judge and the setting is informal. We will
be with you at the meeting should you have any questions or
concerns. After the meeting, most of our clients comment on
how simple the process was and that they had no reason to have
anxiety or fear from the 341 meeting.
How
to be prepared for your 341 Meeting
You
must bring state issued photo identification and your social
security card to the meeting. If you cannot find your social
security card the trustee will accept an original w-2. There
are other documents that need to be provided to the trustee
well before your meeting can take place and those will be included
with your bankruptcy petition when it is filed with the court.
Attending
your Hearing for Confirmation for Chapter 13 cases
If
you file a Chapter 13 case you may need to attend an additional
hearing. This is called a Hearing on Confirmation and takes
place several months after your Meeting of Creditors. At the
Hearing on Confirmation the trustee will make a recommendation
to the judge as to whether your proposed payment plan is sufficient
to satisfy the requirements under the Bankruptcy Code. If you
have been making your payments in a timely manner and if the
plan if feasible to both you and the creditors the judge will
than give final approval to your payment plan.
How
long your case takes to complete
Before
filing a bankruptcy petition in the State of Florida, debtors
must complete a credit counseling course. Additionally, after
the meeting of the creditors they will have to complete the
post-petition course before they receive a discharge from their
debts. This course can be conducted online or over the phone.
In
a Chapter 7 petition, your case is usually
completed in approximately 90 to 120 days after the meeting
of creditors. At that time, you will receive a single page document
titled Discharge of Debtor from the court. The discharge order
is the official court order relieving you of your obligation
to pay these debts. Remember that the discharge of debtor in
a Chapter 7 case may not relieve you of all of your debts. We
at Berkowitz Law Group can inform you as to which debts may
not be dischargeable in a Chapter 7.
In
a Chapter 13 bankruptcy case, the discharge
order is issued upon your successful completion of your repayment
plan. This amount of time will vary depending on the length
and type of your Chapter 13 plan.
We
look forward with meeting with you in person to discuss your
individual financial situation and help you determine how the
bankruptcy laws can best help you regain control of your finances
and get a fresh start.
Contact us or call
now 727-344-0123 to schedule a free case evaluation
