Lincoln & Wenk, PLLC

Family Law And Estate Lawyers Serving You

Considering Filing for Bankruptcy?

| Apr 22, 2014 | Bankruptcy

Are you considering filing for Bankruptcy? We can help you get ready. The first thing you will do is have a consultation with one of our attorneys. You will discuss your situation with the attorney and they will determine whether or not bankruptcy is the right choice for you. Now you may ask “What do I need to do to prepare for filing bankruptcy?” You will want to gather your last two years tax returns, Federal and State, your last 7 months paystubs or proof income. You will also need bank statements for all accounts in your name for the last 7 months. A List of creditors and how much you owe is also helpful but not necessary and a most recent 401k statement. (Other items may be necessary depending on your individual case.)

You will be required to take a pre filling credit counseling course. We will provide you this information at your consultation. We will also email you a copy of our questionnaire. Once we receive everything back from you and you have paid the required fees we will prepare your documents. We will then schedule you to come in to review and sign documents. We will also discuss bank account balances and upcoming pay dates. Once reviewed and signed you documents are ready to be filed.

After your documents are filed with the court we will send you your case number and the date for your Meeting of Creditors. You will receive several informational letters in the mail in the week or so after you file. Your Meeting of Creditors is typically scheduled to occur about a month after you file, which you are required to attend. After the Meeting of Creditors you are required to take the Post filing credit counseling course which we also will provide the information for.

The next step will be your discharge, which you will receive approximately 90 days after filing for bankruptcy. If your case is a no asset case we should see an electronic closure shortly after discharge. If your case is an asset case it can remain open for several years while the estate is being administered. This part of the process is in the control of the bankruptcy Trustee but we will still be there to update you as needed.


FindLaw Network

Proven Strengths Our Clients Can Depend On

Begin a Consultation