Maryland and Washington DC Chapter 7 or Chapter 13 Bankruptcy Step-by-Step Overview

From Maryland Bankruptcy Attorney and Washington DC Bankruptcy Attorney, Kevin D. Judd

Here are the Typical Steps to Filing a Chapter 7 Bankruptcy Case and Obtaining a Discharge

First, schedule an appointment with our office. Our Washington DC bankruptcy attorney will sit down with you to discuss all the important steps of filing for Chapter 7 bankruptcy or filing for Chapter 13 Bankruptcy.

At your first appointment, there are certain documents that you need to bring:

• Proof of income - usually six months of recent pay stubs or documents relating to retirement or disability income.
• All documents evidencing and relating to your debt obligations.
• You may also provide us with a copy of your credit report to supplement the above-mentioned documents.
• Copy of deeds to properties owned in the last three years.
• Copy of last tax return filed.

During our consultation, we will review a bankruptcy questionnaire completed by you to help us determine your eligibility to file a bankruptcy case and our Washington DC bankruptcy attorney will prepare you for your pre-bankruptcy credit counseling session, which can be conducted online or by telephone.

Within one to two weeks of your initial office appointment and after you have completed the pre-bankruptcy credit counseling session, you will return to our office to sign your bankruptcy papers, prepared by our Maryland bankruptcy office. These papers will be filed in court within a few days after all necessary signatures are obtained.

Approximately, one month after the filing of your case, a meeting of creditors will be held, which typically lasts two to three minutes. This meeting is short because our firm ensures that your bankruptcy paper work and filings are in order prior to the meeting of creditors. It is also rare that creditors appear at the meeting.

Approximately, three months after the meeting of creditors is held, your Chapter 7 discharge papers will be mailed to you by the court. However, within this three month time period, you will have to complete an education course in personal financial management approved by the U.S. Trustee's Office in order to obtain your discharge. This course can be completed via online or by telephone.

Typical Steps to Filing a Chapter 13 Bankruptcy Case and Completing a Chapter 13 Bankruptcy Case

Schedule an appointment with our office.

At your first appointment, you should bring the following documents with you.

• Proof of income - usually six months of recent pay stubs, rental leases or documents relating to retirement or disability income.
• All documents evidencing and relating to your debt obligations.
• You may also provide us with a copy of your credit report to supplement the above-mentioned documents.
• Copy of deeds to properties owned in the last three years.
• Copy of last tax return filed.

During your first appointment, we will review a bankruptcy questionnaire completed by you to determine your eligibility for a Chapter 13 case, and our Maryland bankruptcy attorney will prepare you for your pre-bankruptcy counseling session, which can be conducted via online or by telephone.

Within one to two weeks of your initial office appointment, and after you have completed the pre-bankruptcy credit counseling session, you will return to the office to sign the bankruptcy papers prepared for you by our Maryland bankruptcy office.

However, in emergency situations, you will come back the next day to sign bankruptcy short forms to stop a pending foreclosure of a house, or to halt a repossession or sale of a vehicle.

After your case is filed, you are required to pay all secured creditors on time, on the scheduled due date. Secured creditors are creditors who have a lien against property you own, such as houses, vehicles, and personal property (e.g., furniture, jewelry, etc.). In addition, you are required to commence plan payments to the bankruptcy trustee one month after the Chapter 13 plan is filed in court.

Approximately, one month after the filing of your case, a meeting of creditors will be held, which typically last three to five minutes. At this meeting, the bankruptcy trustee reviews your bankruptcy papers and looks into whether you can afford to pay your regular necessary monthly living expenses, plus plan payments.

Approximately three months after your meeting of creditors, a confirmation hearing will be held. At this confirmation hearing, the Bankruptcy Judge reviews your Bankruptcy filings. If everything is in order and you are current on plan payments, your Chapter 13 plan will be confirmed by the Bankruptcy Judge without you appearing to court.

After you have funded your plan payments within the subscribed plan payment period, you will receive a Chapter 13 discharge and your case will be closed. However, in order to obtain your Chapter 13 discharge, you must complete an education course in personal financial management approved by the U.S. Trustee's Office in order to obtain your discharge. This course can be completed via online or by telephone.

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