Section 1: Starting Your Case
Embark on your Chapter 13 bankruptcy journey with us. We guide you through the process, addressing concerns like forgotten creditors, creditor harassment, and more. Let’s begin this journey toward financial freedom together.
What happens after I file for Bankruptcy?
After you’ve filed for Bankruptcy, several things happen:
- Automatic Stay: As soon as you file for Bankruptcy, an “automatic stay” goes into effect. This means creditors must stop collecting calls, letters, lawsuits, wage garnishments, and even foreclosures or repossessions. This gives you some breathing room while you work through the bankruptcy process.
- Trustee Assignment: The Court will assign a bankruptcy trustee to oversee your case. The trustee’s job is to review your bankruptcy papers and supporting documents. In Chapter 7, the Trustee’s job is to determine if you have any non-exempt property that can be sold, and the proceeds will be used to pay back your creditors. In a Chapter 13 case, the Trustee’s job is to determine if you a paying all that the law requires, and then he oversees your repayment plan (in a Chapter 13 case).
- Creditors Meeting: About a month after you file, you must attend a “meeting of creditors” (also known as a 341 meeting). This meeting is over the phone, and you will be provided, by mail, with a call-in number and passcode before the meeting. The trustee will ask questions about your bankruptcy papers and financial situation at this meeting. Creditors may also attend and ask questions, but they rarely do. One of the attorneys from the firm will be on the phone with you for the meeting.
- Post-Filing Debtor Education Course: Before receiving a bankruptcy discharge, you must complete a debtor education course. This differs from the credit counseling you had to take before filing for Bankruptcy. This course will teach you financial management skills to avoid future Bankruptcy. You must complete a mandatory Debtor Education/Financial Management Course online or over the phone. We recommend completing this course within thirty (30) days after filing for bankruptcy. You will need your bankruptcy case number to take the course. You will also need to pay for the course. The typical charge is $25.00; however, you can pay our office $15.00 to obtain our attorney code, allowing you to complete the course, saving you $10.00. The course will typically take 2 hours. You only receive a discharge of your debts if you complete this course. You may receive advertisements from competitors of Sage/Abacus, but we recommend you use one of the options below:
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Option 1 – Internet |
Option 2 – Telephone |
| Visit: SagePF.com |
Call: (800)-516-2759 |
- Discharge: The Court will discharge your debts after a successful bankruptcy. This means you are no longer legally obligated to pay for them. In Chapter 7, this usually happens a few months after you file. In the Chapter 13 case, the discharge occurs after you complete your repayment plan.
The answers in the guide are intended to supply a general overview of common questions.
If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call our office nearest you using the phone numbers at the top of this page or email your paralegal directly.
Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
What should I do, and who should I contact if I have questions about my case?
If you have questions about your bankruptcy case, you should check the information on this website. We’ve created a comprehensive guide that answers many common questions. However, if you still need help, call our office nearest you using the phone numbers at the top of this page or email your paralegal directly.
When you call, let the receptionist or legal assistant know your question or issue. They might be able to answer it immediately; if not, they can transfer you to your paralegal, who will also try to answer your question. If your question is complex and requires a detailed response, your paralegal can schedule an appointment with your attorney in-office or over the phone.
Remember, every bankruptcy case is unique, and while our website supplies general information, your attorney can give you advice tailored to your situation.
The answers in this guide are intended to supply a general overview of frequent questions. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
After I have filed my case, if I need another appointment, what information do I need to bring with me or provide?
If you need another appointment after filing your bankruptcy case, you must come prepared so your attorney can aid you. If your appointment is to be conducted over the phone, ensure you e-mail your paralegal all the required documents by the morning of your appointment.
Here’s what you should bring or send in:
- Updated Financial Documents: If any significant changes to your financial situation have occurred since your last appointment, bring updated documents. This could include recent pay stubs, bank statements, or tax returns.
- New Debts or Assets: Your attorney needs to know if you’ve incurred new debts or acquired any new assets since filing your case. New assets may include inheritance or life insurance proceeds. If a family member has passed away and you are entitled to receive something, please let your attorney know. Additionally, if you have been injured in an accident and may have a claim against a third party who caused the injury, please let your attorney know. Make sure to bring or send in any related documents or information.
- Legal Notices: If you’ve received any legal notices or documents related to your bankruptcy case that you want to discuss, bring them to your appointment or send them in before your appointment. This includes any communication from creditors, the Court, or the bankruptcy trustee.
- Questions and Concerns: Write down any questions or concerns about your case. It’s easy to forget what you wanted to ask during the appointment, so having them written down can be helpful.
Remember, the more information you provide, the better your attorney can aid you. Please call the office or e-mail your paralegal and ask if you need help with what to bring or send in.
The answers in this guide are intended to supply a general overview of frequent questions. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
What should I do if I move and change my address or get a new phone number while I am in my case?
If you move or change your phone number while in the middle of your bankruptcy case, it’s important to let us know immediately. You must disclose this information to us in writing by sending a letter or e-mail to your attorney or paralegal as soon as possible. Here’s what you should do:
- Contact Us ASAP: As soon as you know you’re moving or changing your phone number, contact us. You can call the office closest to you (you can find this at the top of our website) or email your paralegal directly.
- Supply Your New Details in Writing: Tell us your new address or phone number. Double-check that you’ve got all the details right – you want us to send important information to the right place!
- Update Your Contact Information with the Court: It’s also important to update your contact information with the bankruptcy court. We will do this on your behalf once you provide us with the information in writing.
Remember, keeping your contact information up to date is super important. It ensures that you receive all the necessary updates about your case and that we can contact you when needed. If you need clarification on anything, feel free to ask us. We’re here to help!
The answers in this guide are intended to supply a general overview of frequent questions. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
What do I do if I forget to include a creditor? Can I include new debts in my bankruptcy case?
If you realize you still need to include a creditor or have new debts after filing your bankruptcy case, don’t panic. It’s a common situation and can usually be fixed. However, the process can vary depending on the type of bankruptcy you’ve filed (Chapter 7 or Chapter 13) and the nature of the debt.
In Chapter 7 and Chapter 13 bankruptcy, you can add a forgotten debt by amending your bankruptcy forms. There might be a small fee for this, and you’ll need to provide your attorney or paralegal with the creditor’s name, the amount of the debt, and the nature of the debt (like if it’s a credit card, medical bill, etc.). You will also have to sign a declaration regarding the amended schedules. Doing this as soon as you realize the debt was left out is essential.
For new debts, it’s a bit trickier. Debts you incur after filing for Bankruptcy usually can’t be included in your bankruptcy case. That’s because Bankruptcy only covers debts that existed when you filed. If you’ve taken on new debt after filing, you’ll likely be responsible for paying it.
Adding creditors can be more complex in a Chapter 13 bankruptcy, and you should contact your attorney to discuss the best course of action.
Remember, this is a general overview; the specifics can vary based on your circumstances and local laws. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
Can I take a creditor off my case?
In general, once a bankruptcy case is filed, all your creditors are included, and you can’t just choose to remove one. This is because Bankruptcy is designed to treat all similar types of debts equally. However, if you mistakenly included a debt you don’t owe, you might be able to amend your bankruptcy forms to correct the error. It’s important to note that this can be a complex process and may require the help of a bankruptcy attorney. Also, remember that even if a debt is listed in your Bankruptcy, you can still choose to pay it directly if you want to. For example, some people continue paying for a house note to keep the house. Some Courts have rules about what creditors can be paid directly once you file your case, so you should ask your attorney to discuss these issues.
Remember, this is a general overview; the specifics can vary based on your circumstances and local laws. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
What do I do if a creditor continues to harass me, garnishes my income, or seizes an asset after I file my case?
If a creditor continues to harass you, garnishes your income, or seizes an asset after you’ve filed for Bankruptcy, it’s essential to take action. When you file for Bankruptcy, an “automatic stay” is implemented. This stay is a legal order that stops most creditors from being able to collect debts.
Here’s what you should do:
- Inform the Creditor: Inform the creditor that you’ve filed for Bankruptcy. Please give them your case number and the date you filed. Sometimes, creditors may need to be made aware of your bankruptcy filing.
- Contact Your Attorney: If the creditor continues to harass you after you’ve informed them of your Bankruptcy, contact your bankruptcy attorney immediately. They can take legal action to stop the harassment and may even be able to get you damages and attorney’s fees, as the creditor may violate the automatic stay.
- Document Everything: Record all interactions with the creditor. This includes phone calls, letters, and any attempts they make to collect the debt. This will be helpful evidence if your attorney needs to take legal action.
More About Stopping Creditor Harassment
Remember, the answers in this guide are intended to supply a general overview of frequent questions. If you’re a current client and have questions, try looking through these answers first; they’re made to answer frequent questions, but your specific situation may vary. If you still need help, call the office at the top of this page nearest you or email your paralegal directly. Our team is ready to help you; if needed, we can set up a meeting with your attorney. Always consult with your bankruptcy attorney for personalized advice.
