If I have already filed a Chapter 7
Bankruptcy for you there are some important DOs and Don'ts
which come into play during the pendency of your case.
continue making payments on vehicles which you intend to
keep. Creditors secured by a car or truck can usually
repossess the vehicle without notice to you anytime you are
in default in your payments. It will ordinarily take longer
for other creditors (including those secured by other
property) to act on a debt that is in default.
Note: If your car has been repossessed but not yet
sold, you may be able to get it back if you file Chapter 13
Sell or Transfer or give away any Assets you have without
contacting me first. The filing of your Chapter 7
Bankruptcy petition creates a Bankruptcy Estate which
temporarily comes under the control of the Trustee who is
assigned to your particular case. The Trustee's job is to
Liquidate (sell and reduce to cash) any property that is not
exempt under State or Federal Law. Typically, few Chapter
7's that I file have any assets that are liquidated, and
usually if there are likely to be assets in a case, I will
have informed you of any potential Trustee liquidation
before filing. Nevertheless, DO NOT sell, give away,
transfer title, settle any personal injury lawsuits or
otherwise dispose of any of your property while your Chapter
7 Bankruptcy is pending.
be concerned if a few Creditors still attempt to Contact
you or send you bills or collection letters after filing.
99% of your creditors will stop harassing phone calls or
threatening letters shortly after the filing of your
bankruptcy. By operation of law, immediately upon the
filing of your bankruptcy petition, the "Automatic Stay"
goes into effect. This stay prevents all of your creditors
from taking any action to attempt to collect a debt. This
includes calling you by phone at home or at work, sending
collection letters, starting or continuing lawsuits against
you, garnishing wages, repossessing vehicles or other
security and foreclosing on your home. Occasionally, a
creditor will still call or send a letter after the Notice
of Commencement of Bankruptcy case has gone out in the mail.
If this happens to you, simply send a copy of this Notice to
the creditor who is still contacting you or tell them to
call my office to verify the filing of your case.
my office when you get your Notice of Meeting of Creditors
(this is your Chapter 7 Court Hearing date and you MUST
ATTEND. DOCUMENTATION REQUIRED AT .341 HEARING
PURSUANT TO LOCAL BANKRUPTCY RULE 2003-2. Be sure to bring
the following items to your hearing with you, neatly
organized for the Trustee. Arrive 1/4 hour early and be
DOCUMENTATION NORMALLY REQUIRED AT .341 HEARING
OR STATE I.D.
CARD (or something with SS# on it)
FAILURE TO BRING ANY OF ABOVE WILL RESULT IN ADDITIONAL
COURT APPEARANCES, DELAY IN OBTAINING DISCHARGE OF YOUR
DEBTS, OR COMPLETE DISMISSAL OF YOUR CASE!!!!!
pay $600 or more back to relatives or business associates
who have lent you money. Payment of a total of $600 or
more to an "insider" (which includes relatives and business
associates) within one year before you file bankruptcy is a
"preference." The trustee may recover preferences from the
person that was paid and divide the money between all of
your creditors. (Payment of $600 or more to any other
creditor within 90 days before the case is filed is also a