Initial Call

Sometimes the most difficult part of the bankruptcy process is actually opening up about your debts. We are often the first people who hear about a person’s financial trouble - before friends, parents, or even spouses. In the initial call we spend a bit of time going over your finances very generally, so we can get a sense of what is on your mind. We ask a set of questions that will help us understand your situation; for instance, whether you have a car payment, whether you owe taxes, whether you are current on your mortgage. This initial call takes about 15-20 minutes. Of course, we cannot get into any detail over the phone; we need to actually see your documents before we can offer any concrete advice. At the end of the call, if you are ready, we will set up your initial meeting.

Initial Meeting

This 60-90 minute meeting allows us to get into detail about your case. We usually ask you to bring your bills, tax returns, your last few paystubs, and any collection letters you have received. If you cannot bring it all, that’s OK - we mainly just want to see you, hear you out, and get a good sense of what bankruptcy will accomplish for you. We’ll generally run your credit report, get the value of your vehicle, and look at your tax situation.

By the end of the meeting we will have explained bankruptcy in detail, analyzed your finances, and given you a good idea of what the process will look like for you. We’ll send you home with a questionnaire and the dreaded “to-do” list: all the documents we will need from you in order to proceed. We also give you a pre-addressed envelope so you can send us all this paper! We can’t lie: it’s a hassle to fill out the questionnaire and to dredge your files for the paper we need. The more effort we put into crafting your case, the smoother it will run once we file. Trust us, it’s worth the time to do it right.

Pre-Drafting

Once we receive all the documents we need, our staff will organize the file and begin to assemble the case. There is a lot that goes into a well-crafted petition – we and the staff want to pull together all the pieces of your finances and get a summary of where you are, and where you can be once you complete the case. Many times our clients, hounded and harassed, have never sat down and looked over their financial picture. This is a vital part of your plan to get back on track with your money.

Drafting

This meeting, which can run up to three hours, is where the heavy lifting gets done. You and your attorney will go over every part of the petition, every question, every figure. The Bankruptcy Code requires you to read the petition, understand the paperwork, and to be familiar with the contents, before you write your signature. We make sure you measure up.

The meeting roughly divides into 6 parts: Recent financial transactions, property, debts, income and expenses, credit counseling (if necessary), and review and sign. As you can see, all the pieces of the financial puzzle come together by the time we finish. It is the most enjoyable part of the process (for your attorney, at least).

Filing

Generally, once you sign the petition, the case is ready to file. Unless there is some reason we need to wait, we will file within a few business days. If you want to know what happens next, look into I Filed for Bankruptcy - Now What? You can explore the website, or download a copy of our handout.