Guiding You Through The Bankruptcy Process
After struggling with debt, you should find out your options under Chapter 13 and Chapter 7. Perhaps you’re ready now. Perhaps you still have many questions.
The experienced lawyers of Simon Fitzgerald LLC, are knowledgeable and compassionate. We listen to your concerns and cover all the bases so that you can make an informed decision on debt relief and feel comfortable putting your trust in us.
We Explain Everything During A Free Consultation
To discuss what to expect from the bankruptcy process, we invite you to arrange a meeting with one of our experienced bankruptcy attorneys at one of our five regional offices across Louisiana:
The Process And Timeline Of Chapter 13 Or Chapter 7
The actual timeline depends on which type of bankruptcy you file, the complexity of your case, and even where you live in Louisiana.
- The initial consultation — We will sit down with you and discuss your financial information, the status of your mortgage, and other factors to determine if you are a candidate for Chapter 7 or a Chapter 13 bankruptcy filing. We will provide you with a free credit report.
- Prefiling requirement — Prior to actually filing, you must obtain a credit counseling certificate. This can be done online, at home, or in our office, and usually takes no more than an hour.
- Filing the petition — If we have all your financial information and your case is straightforward, we can sometimes file the same day. A Chapter 13 petition or complex Chapter 7 may take a few days more to prepare. As soon as we file your case (bankruptcy is filed electronically), in almost all cases, an automatic stay is entered, and you are under federal protection from creditors — they can no longer contact you, demand payment, or pursue legal action.
- Bankruptcy court — About 30 days after you file, you must appear before the trustee assigned to your case. The meeting is called a Section 341 meeting and is brief and has nothing to get anxious about. You will mainly be asked to provide identification and verify information on your petition, schedules, and statement of financial affairs, and one of our attorneys will accompany you and explain the process in advance.
- Chapter 7 discharge — If there are no unusual complications in your case, you will receive your “discharge order” within four or five months.
- Chapter 13 confirmation — Your first monthly payment will be due 30 days after filing, but your Chapter 13 may not be actually confirmed (approved by the court) until 30 to 60 days after your Section 341 meeting. You will receive a “discharge order” eliminating all unpaid dischargeable unsecured debt soon after the completion of your plan payments.
Let A Bankruptcy Lawyer Help You
Call us at 318-868-2600 (Shreveport / Monroe), 318-625-7505 (Alexandria), or 337-984-1584 (Lafayette / Lake Charles) to arrange your free consultation about the bankruptcy process, including evenings or weekends by appointment.