Filing for bankruptcy does not require having a lawyer, but an experienced bankruptcy lawyer will make the whole process a lot easier. They know what to do to get things done. Once you have set things up with a lawyer and you've both discussed what steps you are going to take, your lawyer will start things out by submitting a petition for bankruptcy.
You will need to attend a meeting of creditors where your creditors will be able to ask you questions to determine if you're being honest. This shouldn't last long. Also, once the petition has been submitted, creditors are not allowed to call you anymore. If they do, refer them to your lawyer.
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When you declare bankruptcy, you will be appointed a trustee. Depending on your circumstances, it will be determined if you need to file chapter 13 bankruptcy or if you can file chapter 7. With chapter 7 bankruptcy, your assets will be liquidated and used to pay back your creditors. Any remaining debt will be discharged. With chapter 13 bankruptcy, you will have a payment plan set up that will require you to make payments over 3 to 5 years. If you've made all your payments on time and your time is up, any remaining debts may be discharged.
Sixty days after you've filed your petition, or sixty days after you've made your last payments with chapter 13, your debts will be discharged, assuming no creditors that won't be paid haven't disputed the decision. Not all debt can be discharged including alimony payments, child support, and most student loans.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
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