The Process

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure and local rules of each bankruptcy court. The Bankruptcy Code and Bankruptcy Rules set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.

 

The initial steps with me will include the gathering of information related to types of debts and income/assets that may be relevant to a possible bankruptcy.  Some debts are allowed and some are not.  The thorough gathering of information will help determine what type of bankruptcy will be best in helping you get back on your feet.

 

Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7 or 13 this administrative process is carried out by a trustee who is appointed to oversee the case.

 

A debtor's involvement with the bankruptcy judge is usually very limited.  In some cases of Chapter 7 or Chapter 13 cases a debtor may have very limited time in an actual courtroom.  Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.

 

With all of the codes, rules and administrative management of a bankruptcy filing, it is important to have the guidance of an attorney.  Let me help you navigate through this process, contact my office today for a free consultation.