What Happens After You File Bankruptcy

: Reese Baker & Associates

  Filed under: Filing bankruptcy

After you file your bankruptcy paperwork, you may wonder what happens next. As soon as you submit your petition with the court, the first action is the automatic stay goes into effect.

Automatic Stay

The automatic stay stops all collections attempts from being taken against you. All phone calls and letters must stop. If a lender continues to try to contact you, let your bankruptcy lawyer know and that lender may face punitive action.

Trustee

A trustee will be appointed to your bankruptcy case to represent the interest of your creditors. In chapter 7 bankruptcy, the trustee will collect any nonexempt property to be sold and distributed to your creditors.

341 Meeting

Within a few weeks after filing bankruptcy, your trustee will notify you of the 341 meetings (meeting of the creditors). You and your attorney will attend this meeting. The trustee will ask questions about your financial affairs. Few creditors actually participate in this meeting to examine your bankruptcy paperwork. The session can last anywhere from a few minutes to 30 minutes.

Debtors Education Courses

Before you file bankruptcy, you must attend a debtors education course, and another one must be completed before your bankruptcy is complete. These courses can be taken online from a DOJ approved debt educations agency.

For a chapter 7 bankruptcy, your case will be completed in three to six months. For chapter 13, bankruptcy will last from three to five years depending on the plan you, your lawyer and the trustee has approved.

If you have more questions about what will the bankruptcy process be, contact a McAllen bankruptcy attorney.