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BANKRUPTCY
Bankruptcy can provide immediate relief from financial stresses including creditor phone calls, collection attempts, car repossessions, wage garnishments, civil lawsuits, etc.
Bankruptcy is a process that gives you a financial free start, freeing you from overwhelming debt burdens. Bankruptcy is not something to fear; it can be your legal financial bailout.
General Process:
1. Prior to filing the bankruptcy petition, you must take one (1) credit counseling and debtor education class;
2. The bankruptcy petition is filed in the Federal court;
3. Two copies of your latest tax returns must be mailed to the Bankruptcy Trustee;
4. After the petition has been filed, you must take the second (2nd) credit counseling and debtor education class;
5. The bankruptcy court will send a notice which states the date and time of your 341(a) hearing (creditors’ meeting), which you must attend;
6. The bankruptcy court will send a notice that your bankruptcy has been discharged.
The bankruptcy process takes about four to six months. For Chapter 7, the court filing fee will be $299.00. Two (2) credit counseling and debtor education classes, with certificates which are approximately $100.00, will be required; you must attend at least one court hearing (341(a) hearing). For further information, go to (http://www.cacb.uscourts.gov).
BANKRUPTCY – CHAPTER 7(we do not do Chapter 9, 11, 12, 13 & 15)
You have two options:You can either file the bankruptcy petition under “Pro-Per,” or “Legal Representation.”<br>
1). Pro-per means that “you represent yourself.” The cost is less because it does not require the attorney to participate or follow-up throughout your bankruptcy process.
2). Legal representation: The attorney will file your petition, and manage your bankruptcy from the filing of the petition to discharge and represent you at the 341(a) hearing.
Pro-per (representing yourself)
We will prepare your bankruptcy petition and upon completion you will receive:
1) A completed Bankruptcy Petition and a copy. The original to be filed with the court and a copy to be conformed by the court and to be kept by you for your records;
2) When you file your bankruptcy petition in Federal court, you must pay the filing fee by cash, U. S. Postal Service money orders, or cashier’s checks issued by an acceptable financial institution and include your first credit counseling and debtor education class certification;
3) An addressed envelope will be provided with the amount of postage required for you to mail to the Bankruptcy Trustee copies of the two latest years of tax returns, along with written instructions of when to mail;
4) A recent credit report which will be incorporated into your bankruptcy petition;
5) One copy of all the documents for your records;
Your responsibility: File your bankruptcy petition in Federal court, pay for the filing fee of $299.00, complete two credit counseling and debtor education classes (one before filing the bankruptcy petition and one after filing the bankruptcy petition), mail the last two years of your tax returns to the Bankruptcy Trustee, attend the 341(a) (Creditors’ Hearing) hearing and wait to receive notice from the court that your bankruptcy has been discharged.
Legal Representation
1) I will file your bankruptcy petition, along with your Certificate of Credit Counseling, electronically and pay for the filing fee (which is included in your total fees);
2) After your bankruptcy petition has been filed, I will mail to the Bankruptcy Trustee one copy of the last two years of your tax returns;
3) I will electronically file your second Certificate of Credit Counseling in addition to the Debtor’s Certification of Completion which requires your signature;
4) I will handle all calls and resolve any issues that may arise during the bankruptcy process;
5) I will attend the 341(a) hearing as your legal counsel (your attendance is also required);
6) Once I receive notice that your bankruptcy has been discharged, I will mail a copy of such notice to you;
7) Once the bankruptcy has been completed, you will receive a complete copy of the filed bankruptcy petition, two certificates of credit counseling and debtor’s education classes (which you will provide), a credit report that has been incorporated into your bankruptcy petition and all financial documents provided to my office, in an organized file that you can retain for your records.
Your responsibility: Provide two credit counseling and debtor’s education class certificates and attend the 341(a) hearing.
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