Right After You File

When is my filing fee due (Chapter 13 only)?

Typically, your filing fee is due by noon on the date of your meeting with the trustee. If you cannot pay it by this time, please contact our office immediately.

When do my payments start (Chapter 13 only)?

Typically, your payments will start the month after you file for bankruptcy. You should receive an Order to Pay from the trustee that has your payment amount. Your payment is due by the 22nd of every month so that the trustee has time to process it before the end of the month. This does not mean that you must wait until the 22nd, however. You can make the payment any time between the 1st of the month and the 22nd of the month.

Who is my trustee?

You will receive a letter, shortly after your case is filed, that includes the name of the trustee assigned to your case and the date and time of your meeting.

Meeting (341)

When and where is my trustee meeting?

You will receive a letter, shortly after your case is filed, with the time and date of the meeting. Right now, due to the Covid-19 Pandemic, meetings are being held by phone and your letter will include that telephone number and access code.

What happens at my meeting? What should I expect?

Your meeting with the trustee will usually consist of a few standard questions under oath with your attorney present. Most meetings only take a few minutes. Most trustees require a few basic documents regarding identification and income prior to the meeting. We will help you get these documents to the trustee.

I attended my trustee meeting, what happens next?

For a Ch. 7 bankruptcy, generally after you attend your meeting, you are just waiting for your discharge. This is typically a few months after the meeting. In rare cases, the trustee may require additional information after the meeting, and we will contact you to discuss this.

For a Chapter 13 bankruptcy, once you have attended your meeting, the trustee may confirm (i.e. approve) your plan after about a month if no objections are filed. If the trustee or a creditor files an objection, we will help you get the objection resolved.

What happens if I miss my trustee meeting?

If you miss your first trustee meeting, it will automatically be rescheduled for the following month. If you miss more than one meeting, your case can be dismissed. If you know you are unable to attend your meeting, please contact us ASAP.

A creditor is still contacting me, what should I do?

When you file bankruptcy, your creditors are notified via mail and they are supposed to stop contacting you. If you have only recently filed, creditors may have not yet updated their system to stop contacting you. However, if this continues, please let us know so that we can contact the creditor and get it stopped.

Classes

I already did one class, do I have to do a second one?

There are two classes that must be completed in every bankruptcy case. One is done before your case is filed and one is done after. If you have only done one class, then you still have a second class that must be done. Contact us if you need information on your second class.

I got something in the mail about the second bankruptcy course, do I need to pay for this?

If you have filed for bankruptcy with us, then you will have already paid for your second course when you paid your filing fee, so there is no need to pay any other company for the same thing. If you did not file with us but have retained us to represent you, please contact our office before paying for any other courses as ours may be cheaper.

How long do I have to complete the second class?

You must complete your second class before you receive a discharge. Ideally, you should complete this as soon after your case is filed as you can. If you have forgotten or lost the information, call us and we will work with you to make sure you are able to complete the course before you get your discharge.

During bankruptcy (after your meeting)

Chapter 7

What is a reaffirmation agreement?

A reaffirmation agreement is paperwork from one of your creditors that allows you to keep debts like home mortgages and vehicle loans in a Chapter 7 bankruptcy. We will work with you and your creditors to make sure that any reaffirmation agreements are complete and filed with the court.

How long do I have to do my second course?

The second course must be completed before you can receive your discharge. We recommend taking the second course as soon as you can after your case is filed to make sure that it is done on time.

Can I add bills after I filed?

Yes, any bills that were owed before you filed may be added in a Chapter 7 bankruptcy. However, the courts charge a small fee to add bills after the petition is filed. We will work with you to make sure that any missing bills are added while trying to minimize the cost to you.

A creditor is still contacting me, what should I do?

If your case was only recently filed, it is likely that the creditor may not have received notice yet. However, if it continues, please let us know so that we can contact the creditor and put a stop to it.

My tax refund was taken, can you get it back?

If your refund was taken before you filed, then no. If your refund was taken after you filed, then we may be able to get it back, but this is something you will want to discuss with us.

Chapter 13

Payments & Changes to Your Bankruptcy

What should I do if I can’t make my payment this month?

Call our office ASAP. Our attorneys may be able to temporarily lower your payments or there may be other options that we can discuss with you.

I’ve moved or changed phone numbers, do I need to let you know?

Yes! You will receive a lot of important information regarding your bankruptcy via mail, so we need to have your current address. Once you notify us, we will let the court and the trustee know so that all mail is directed to your new address. We also need to be able to get ahold of you by phone.

I got a new job, do I need to let you know?

Yes! We will need to update your budget to reflect any changes to your income. If you are on payroll-deduction, we will also need to update your employer with the court and the trustee so an order to pay can be sent to your new employer.

I lost my job, what are my options?

We may be able to reduce or even stop bankruptcy payments while you search for a new job or wait for unemployment payments. However, we can’t do this until you let us know so be sure to call us ASAP if you’ve lost your job.

My car was totaled, or my car has stopped working. Can I get another one?

Yes, but you will need to discuss options with us. Sometimes, paperwork must be filed with the court before you can get a replacement vehicle. We are happy to guide you through this process.

Can I reduce my payments?

It depends on your case. Please call us and we can discuss your options with you.

Can I add bills to my bankruptcy?

Sometimes yes, sometimes no. Call us and we can let you know if it is a bill that can be added or if we need to notify your creditor of the bankruptcy.

I want to sell some of my property, what do I need to do?

Let us know right away. There is usually paperwork that needs to be filed before things like homes, land, or vehicles (even if you own them outright) can be sold and we can help you with that process.

Can I pay my bankruptcy off early?

Yes, but there are some limitations on it. If you think you will have enough money to pay off your bankruptcy, let us know right away so that we can get a payoff from the trustee.

Paperwork & Letters

I received a letter, what is it?

If you receive a letter about your bankruptcy and are concerned or have questions, give us a call and our paralegal or one of the attorneys can review it with you. Please make sure you have a copy of the letter with you when you call.

I got something from the trustee that mentions dismissing my case, what is this?

Usually, it does not mean that you are dismissed right away but rather that there is a problem that needs to be fixed. Call us at your earliest convenience and we can help you fix the problem.

Classes

How long do I have to complete the second class?

The second course must be completed before you can receive your discharge. We recommend taking the second course as soon as you can after your case is filed to make sure that it is done on time.

A creditor is still contacting me, what should I do?

If your case was only recently filed, it is likely that the creditor may not have received notice yet. However, if it continues, please let us know so that we can contact the creditor and put a stop to it.

Questions & Updates

How can I get updates about my case?

You can register with the National Data Center (National Data Center Debtor Registration) to view the trustee’s information on your case, including payments to and from the trustee. We can also review your case information with you.

How much longer do I have left?

Feel free to call us and we can find out for you.

My tax refund was taken, can you get it back?

If your refund was taken before you filed, then no. If your refund was taken after you filed, then we may be able to get it back, but this is something you will want to discuss with us.

Finishing Bankruptcy

How long do I have to complete the second class?

The second course must be completed before you can receive your discharge. If you are about to finish your payments and still have not completed your class, then you need to do it ASAP. If you need any help or information, please call us.

A creditor is contacting me, what should I do?

If a creditor is still contacting you after you have received your discharge, you should let us know immediately. It may be a mistake, or it may be a more serious matter that requires further action on our part. You should not be harassed by any creditors after you have received your discharge.

What happens after I make my last payment (Chapter 13 only)?

Once you make your final payment, the trustee will send out a DSO form for you to complete and return to our office. Watch for this form and if you have any questions on how to complete it, call our office and we will help you.

What is a DSO (Chapter 13 only)?

DSO really is referring to child support or alimony (Domestic Support Obligation). Once you have made your final bankruptcy payment, you will get a DSO form in the mail asking if you owe child support and/or alimony, and if so, if you are current on those payments. All you must do is mark the correct option, sign it, and mail it back to our office.

What if the trustee is paying my mortgage (Chapter 13 only)?

If your mortgage is being paid by the trustee, then in most cases the trustee will file a Notice of Final Cure which lets you know that the mortgage has been brought current and lets you know when you need to make the next payment. Call us if you have any questions about this process.

When do I get my discharge?

For Chapter 7 bankruptcy, this is usually about 60 days after your meeting with the trustee. For Chapter 13 bankruptcy, this is after you have made your final payment and completed your DSO form.

What do I do after I get my discharge?
Immediately after you get your discharge, you should send a copy of your discharge order to the three (3) credit reporting agencies: Experian, TransUnion, and Equifax. After about six (6) months, you should get a copy of your free credit report (www.annualcreditreport.com) to make sure your discharge was reported, and all accounts have been updated. If necessary, follow up with the credit agencies on your own to make sure any mistakes are fixed. If you find that a creditor is failing to honor the discharge or otherwise is causing problems, let us know so that we may discuss your options.