The Chapter 13 Bankruptcy Process
I believe more people would take advantage of the incredible benefits of Chapter 13 bankruptcy if they understood the very simple and easy process that bankruptcy is. So let me explain the entire Chapter 13 bankruptcy process, from beginning to end (remember, this is a typical case, and each individual case may vary).
1) Free Consultation (25-30 minutes)
a. You don’t know the process yet, so you call a bankruptcy attorney (740-815-1114).
b. The consultation is free.
c. It takes 25-30 minutes.
d. The consultation can be in-person, or we can simply do it over the phone.
e. During the consultation, I will ask many questions about your property, income, debts, among other things.
f. I will answer any questions that you have about your difficult situation.
g. I will tell you exactly what the court requires in order to have a successful bankruptcy.
2) Appointment to File Your Case
a. After the consultation, and as soon as you’re ready to get the benefits of a Chapter 13 bankruptcy, and get your budget under control, contact your bankruptcy attorney to schedule the appointment to file your case.
b. I can usually get you scheduled within 1 or 2 days of calling in.
c. At the appointment, we will review all the required documents, I will ask you a few more questions, and then I will file the case electronically. You will be immediately protected from your creditors (in most circumstances).
d. At the end of this appointment, your Chapter 13 case will be filed electronically with you in the office. You will have your case number. Your case is officially filed.
3) ***Relax - waiting period*** (4-6 weeks until the Court Hearing)
a. After your filing appointment, you do not need to do anything until your court hearing, except make your easy monthly Chapter 13 plan payment to the Trustee (it is due 30 days after the Date of Filing).
b. Your court hearing will be scheduled for about 4-6 weeks after your case is filed at the filing appointment.
4) Court Hearing
a. About 4-6 weeks after the filing appointment we will have our court hearing.
b. I will be with you at the court hearing.
c. The hearing is in front the Chapter 13 Trustee (or a staff member from the Trustee’s office), NOT A JUDGE.
d. The hearing itself only takes about 10 minutes.
e. The Chapter 13 Trustee (or a staff member from the Trustee’s office), will ask you essentially the same questions we went over during the filing appointment, but it will only take about 10 minutes. The Trustee is simply wanting to confirm the information we already filed with the Court.
5) Confirmation + Continue to Make Monthly Payment
a. Trustee requires the Chapter 13 Plan to be compliant with all the rules of the Bankruptcy Code, and treat every creditor according to their statutory rights. Because of this, there is often a back-and-forth between the Trustee and Debtors (via the Debtors’ attorney) to ensure the Plan is compliant; that all the “T’s are crossed, and I’s dotted.”
b. In a standard case, there are no more court hearings to attend.
c. You simply need to continue to make your single monthly payment that is now resolving all of your debt!
d. After confirmation, and assuming nothing changes with your financial situation, you simply make your payment until the end of your case, then you will receive your discharge from your debts (with a few exceptions, such as student loans).
Having an attorney guide you through this process is imperative, which is why I make myself available to all my clients with direct communication (calls/texts) to my cell phone and emails. Chapter 13 bankruptcy is a wonderful option to re-gain control of your budget, so I hope this article demonstrates how easy it is to get the benefits of Chapter 13 bankruptcy.
Contact me today to start the simple process outlined above and complete your dream of becoming debt free!
Lucas M. Ruffing
Bankruptcy Attorney
740-815-1114
LucasRuffingLaw@gmail.com