David William Jordan

Attorney & Counselor at Law

13 Lucky or Unlucky Steps in Bankruptcy

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  1. You meet with an attorney to decide if bankruptcy is the right option for you and if so, what type of bankruptcy filing.

  2. Your attorney provides you with a very, very, very detailed questionnaire about all your assets and liabilities.

  3. Your attorney prepares a petition of bankruptcy.

  4. Your attorney tells all of your creditors that you have filed for bankruptcy and that they must stop all collection efforts.

  5. The bankruptcy court appoints a Trustee to review all the paperwork and take ownership of your assets.

  6. The bankruptcy court sets the date for the first meeting of creditors.

  7. The bankruptcy court notifies all your creditors of that meeting using the list of names and addresses you provided in your filing.

  8. You and your attorney attend the first meeting of the creditors in a meeting room at the bankruptcy court.  It is a rather informal meeting with the Trustee, and most creditors do not even appear, except Sears.

  9. The Trustee, and any creditors who come to the meeting, ask you about the information in the paperwork you filed with the court.

  10. You choose whether the Trustee collects your non-exempt property and sells it to pay your creditors, or you keep the property by paying the court its market value in cash or exempt property of the same value.

  11. Forty-five (45) days after starting the bankruptcy, you surrender or redeem the collateral securing a debt, or reaffirm a secured debt.

  12. The bankruptcy court announces that you no longer owe your dischargeable debts, usually four to six months after you file.

  13. Your case is closed and the Trustee returns any remaining property to you.
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