What Happens After Your Case is Filed?
What Happens After Your Case is Filed?
Once your case is filed with the bankruptcy court, the following steps are required in order for you to stay on course throughout the progression of your case. The steps are in the order that they occur.
Filing Fee Order
If you applied to the Court to pay your filing fee in installments, the Court will always grant your request by the issuance of an Order.
Within a day or two of your filing date, the Court will issue an “Order Approving Application to Pay Bankruptcy Filing Fee in Installments”.
Once we receive the Order, we email the Order to you, and you will also receive a copy sent to you directly from the Court via US Mail delivery.
The Order will contain the specific payment dates, the method of payment (Money Order Only – no personal checks), and the mailing address. Always mail your payments to the Court at least 4 days prior to the deadline.
Make sure that you follow the Order carefully. If you miss a payment, the Court will dismiss your case. If you need more time, then you must contact us immediately to obtain the approval of the Court for an extension.
You can pay-off the entire filing fee amount at or before any installment deadline.
Complete Your “Post-Filing” Credit Counseling
Completion of a second counseling course is required before you receive the discharge of your debts. This course is commonly referred to the Financial Management Course or Debtor Education Course.
The best practice to complete the course as soon as possible, preferably prior to your creditor meeting.
This course takes approximately 2-hours to complete. When you register, provide our email address and the course provider will email a copy of your completion certificate to us and we will file your certificate with the Court.
There is no need for you to have the provider file your certificate, or to have them deliver the certificate to us via fax.
Some providers will charge extra if you try and take the course on a smart phone or tablet. You can select any provider.
Below, find suggested providers with reasonable rates.
Debtor CC – Cost: $9.95 per household.
Offered by PreBK.com. Call (844) 378-2961. Cost: $25.
About 1 month after the filing of your bankruptcy petition, you are required to attend a meeting with the bankruptcy trustee administering your case. We will attend with you.
On the day that your case is filed, you will receive details of the date, location and time of your creditor meeting. In other words, you will know the date, time and location of your meeting in advance.
You will have plenty of time to adjust your schedule to attend. It is very difficult to reschedule the meeting. The meeting is mandatory for individual and joint filers.
If you fail to attend, your case will be dismissed. If you filed jointly with a spouse, both of you must attend.
The creditor meeting provides your bankruptcy trustee the opportunity to determine if your paperwork is accurate, if there are any non-exempt assets that the trustee could possibly sell to pay unsecured creditors, and to determine if you have committed bankruptcy fraud (i.e. – concealed assets, making false statements, etc.).
Most debtors do not have any property that the trustee can take and sell for the benefit of creditors.
Creditors usually do not appear at the meeting. Over the course of about 10 minutes, you will be asked a series of questions by the trustee. Click here to view a list of questions that the trustee may ask.
Also present at the meeting will be others who have filed bankruptcy who are waiting for their case to be called.
You are required to bring your photo ID and social security card to the meeting to prove your identity. Click here to learn about other acceptable forms of ID. If you fail to bring your identification, you will be required to return and produce that documentation to the trustee.
Please be in the meeting room at least 30 minutes prior to your hearing time to listen to the questions that the trustee will be asking of others. You will be asked basically the same questions. While you are listening, you should answer the questions in your mind so you are ready when it’s your turn.
You are required to read a document that provides a general description of the bankruptcy law. The document is usually located on a desk in the room. The trustee will ask you if you read it.
Most of the questions require Yes/No answers. The trustee is not attempting to fool you by asking trick questions. They are required under the bankruptcy code to make inquiry of your specific case.
You should call us a few days in advance of your hearing date to discuss what you can expect.