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Additionally, many bankruptcy filers may choose to continue to pay some types of debt that are secured by collateral (such as automobile debt or a debt against their home). In most instances of "secured debt," an eligible Chapter 7 bankruptcy filer will choose whether to retain the collateral while maintaining payment on the debt or to surrender the collateral while paying nothing further on the debt.  

We'll prepare a draft of the petition and invite you back into our office to review the draft and discuss any alterations necessary. The petition will then be ready for signing and filing. 

Prior to having the petition filed for you, the law requires that you complete a pre-filing credit counseling program. We'll advise you as to how you can accomplish this in less than one hour at your home either by telephone or online.

We'll include the nominal cost of the program in your fees or costs to have the bankruptcy petition filed. Once you complete the program, your bankruptcy petition can be filed.

Once this has been filed, the bankruptcy court will immediately order your creditors to take no further action to collect on your debts. This temporary order becomes permanent once you receive your final discharge in bankruptcy (generally about 90 days after filing).

In most cases, all matters taking place within the 90-day period will be "behind the scenes," with little or no action required on your part. You will, however, be required to attend a meeting approximately 30 days after filing. We'll also discuss the details and purpose of this meeting within your office conference.

A question commonly asked regarding bankruptcy is how anyone anticipating filing will have the funds to pay for attorneys' fees and court costs. We'll discuss with you the full cost of your bankruptcy, including all fees and costs, within your first office conference, prior to any decision as to whether to file.

Payment arrangements are commonly established and are generally made from funds that would have otherwise been made to creditors. Once you have decided to file for bankruptcy, you'll be advised to cease further payment to most creditors since the obligation to pay that debt will ultimately be eliminated by the bankruptcy discharge.

Although you'll pay the full cost of filing prior to the time the bankruptcy petition is actually filed with the court, communication with some creditors to help delay any further collection attempts pending the bankruptcy filing is often possible. Again, all aspects of the cost, procedure, and terms of payment options will be discussed within your initial conference.

If you have any questions regarding filing for bankruptcy and its costs, you may contact us.