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Bankruptcy Process in Chester County

The bankruptcy process for Chester County bankruptcies can be initially confusing.  But, the process is very standard for many cases and this overview should address the bankruptcy roadmap.

Initial Consultation:  This is the meeting to get the information necessary to determine your goals and concerns.  It is also to determine your assets and debts.  In this meeting, it will normally be determined if you are a Chapter 7 or a Chapter 13 bankruptcy through your free consultation with your Chester County bankruptcy attorney.  Your requirements will be explained to you as well, including the necessary documentation you will have to provide for the Trustee.

Gathering of Documents:  You will have to gather documents, including the last two years of tax returns, last 6 months of paystubs, and last two months of bank statements.  You will also have to take a one hour credit counseling course, which can be done online or on the phone.  Additional paperwork requirements, if necessary, will be explained to you by your Chester County bankruptcy lawyer.

Signing of the Petition:  After you have provided all the necessary documentation to your Chester County bankruptcy lawyer, he will prepare the bankruptcy petition.  Most attorneys use an expensive bankruptcy software program to create your petition and prepare it for accuracy and in accordance with the Federal Bankruptcy Code.  You will review the petition with the attorney and make any necessary changes.  Then, after you are comfortable that the petition is a true and accurate reflection of your income, assets, and debts, you sign it.

Filing of the Petition:  After you the sign the petition, your Chester County bankruptcy attorney will electronically file the petition.

Appointment of Trustee and Automatic Stay:  After filing for bankruptcy in Chester County, the court will appoint a Trustee in your case.  You will also be protected from creditors under the “automatic stay“, which prevents creditors from harassing you and attempting to collect debts through law suits, foreclosures, and phone calls.

Bankruptcy Process After Filing

Your Meeting of the Creditors:  The location of your Meeting of the Creditors depends on whether you are a Chapter 13 or a Chapter 7.  The meeting typically does not take too much time.  You will answer questions under oath and will confirm information for the Trustee.

Post-Meeting of the Creditors:  If you have filed a Chester County Chapter 7, your process will be different.  You will have to complete a “debtors education course”.  It is similar to the pre-filing credit counseling and can also be done online or on the phone.

Chapter 13 Confirmation:  After your Meeting of the Creditors, you will have a confirmation hearing.  Issues are generally resolved prior to the confirmation hearing.  One your Chapter 13 plan is confirmed, your payment to the Trustee will be set.

As you can see, the process is straightforward but still complicated.  Contact me for a free consultation and we will figure out the best steps for you to start a Chester County bankruptcy.

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