Knowing what to expect out of a difficult situation can make getting through it easier. When the difficulty involves your finances it is especially nice to know what to expect if you are trying to figure out how to pay your debts. When considering bankruptcy it is helpful to know how long your case will last and what you can expect during the process. The timeline you can expect depends on the type of case you file, and the two major types of consumer bankruptcies have two very different time expectations.
In a chapter 7 bankruptcy most cases follow this type of pattern:
- The case is filed and shortly thereafter you are required to attend your first meeting of creditors. This meeting is referred to as the 341 meeting and the persons present include you and your attorney, the trustee assigned to your case, and any creditors that wish to appear and ask questions about their debt.
- After the 341 meeting concludes you can expect to have reaffirmation agreements sent to you for consideration and if you want to reaffirm a debt now is the time. If the agreement presented is to your liking as far as the repayment terms, you can sign the document and return it to the creditor. The creditor will file the agreement and you will receive a copy for your records.
- If the Trustee does not have any concerns regarding your case, and your creditors are satisfied either by accepting a surrender of property back to them or a reaffirmation agreement is entered, you can expect to receive a discharge about 4 to7 months after your case is filed.
Entry of the discharge is the goal of your case. The discharge is the order that means your debts are no longer considered due, and your creditors cannot ask you to pay unless you have reaffirmed. A discharged debt is free from garnishment and other collection efforts and no longer has to be paid by the debtor. After your case is discharged the Court will enter an order administratively closing the case and the entire matter is at an end. For more information, contact our office.
For more information about bankruptcy, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.