Court procedures can be overwhelming, and a bankruptcy law firm can help you to navigate through the process. The court system is based on process and
procedures. Unfortunately, it is
extremely difficult for the average person to understand the nuances of what is
required, the amount of paperwork that must be completed, and how it must be
filed. Once the process starts,
understanding courtroom protocol and how to handle proceedings is also challenging. Hiring an advocate that is experienced will
help you to achieve the results that you are looking for.
Here are some of the proceedings you can expect if filing
for bankruptcy.
·
Required
credit counseling. Every person that
files is required to take a credit counseling class. While informative, failure to complete it can
get your case dismissed.
·
Hearings
to lift the stay. When you file, an
automatic stay is put in place to prevent creditors from pursuing you and
continuing collection action. Creditors
have the right to go before the court and ask for the stay to be lifted.
·
Meeting
the trustee. The court will appoint
a trustee for your case. This person
will request and review documents from both you and your creditors.
·
Creditors
meeting. Your trustee will schedule
a meeting with you and your creditors where they can both ask you questions
about your financial affairs, debts, and bankruptcy papers. This is done under oath, so it is important
to obtain copies of all of your current, and recent historical, financial
information. Copies should be given to the trustee ahead of time, and you
should take a copy for yourself.
·
Adversary
proceeding. A creditor or the
trustee can file suit against you while you have an active bankruptcy
case. The lawsuit will be assigned its
own case number but remain within your bankruptcy. As a bankruptcy law firm, we deal with adverse
proceedings on a frequent basis and file them on behalf of clients as needed.
·
Proof of
claim. Each creditor that wants to
be paid as part of the bankruptcy needs to file a proof of claim with the
court. Your attorney can approve or
object to their claim.
·
Hearings. The trustee and the court have the right
to dismiss your case and will do so if they feel it is unmerited or the facts
have been inaccurately represented. Simultaneously, they are also the ones to
approve your bankruptcy case and repayment plan.
A bankruptcy law firm will help you to file the initial
paperwork correctly and to navigate through the process along the way. There is no way to predict exactly how each
one of your creditors will respond to your filing, making it important to be
prepared for any eventuality. Whether a
creditor attempts to lift the stay or files an adversarial proceeding, a lawyer
can help you to stay on track and get your bankruptcy case approved. Instead of being overwhelmed by the process,
you can sail through it with the help of your attorney.
