View Chapter 7 Post Filing Packet PDF

I'VE SIGNED THE CHAPTER 7 PETITION - NOW WHAT?

1. Filing the Petition
   We will file the petition with the Bankruptcy Court in Kansas City. This will officially get the case started in court. The automatic stay will go into effect as of the moment we file. If you are contacted by any of your creditors, give them your case number and filing date, and refer them to us.
   
   You should have less than $100 combined in your bank account, in your pockets, and sitting at the house on the day we file (this counts money you have written checks on). If you have more, you run the risk of the Trustee confiscating that money. If you have more than $100 in your account, contact us before the filing date.
   
   If you find out about a creditor we did not list in the bankruptcy, contact us immediately. Usually we can have them added to the bankruptcy if we act quickly.
2. Receiving your Notice of Commencement from the court
   About a week after we file your petition, you will receive a notice from the court that your bankruptcy has commenced.
3. Meeting of Creditors
   The Notice of Commencement will also contain the date of your meeting of creditors (also called the "341" meeting). Make a note of the time and date and put it on your calendar. In Kansas City, the meetings are held in the Robert Dole Federal Courthouse on 500 State Avenue. You want to be there at least 30 minutes before your meeting time, so you can talk to your attorney, and also so you can watch a few meetings to see how they typically go. It is natural to be nervous. Don’t worry about it. The typical creditors meeting lasts about 5 minutes and it is over. You will be treated professionally by the Trustee, and your attorney can handle any problems that arise.
   
   You will need to bring picture IDs and social security cards, your latest paycheck stubs for the month, and statements from all your bank accounts showing the balances as of the date you file (usually this is the first statement you get after you file).

YOUR RESPONSIBILITIES IN A CHAPTER 7

By this time you have had a lot of complex information thrown at you and you probably cannot remember it all. If you have any questions, call us and we will be happy to answer them.

However, there are a number of issues that in our experience have repeatedly come up in a Chapter 7 that can result in extra expense, hassle, or even in dismissal of your case. We want to make sure those issues are brought to your attention so everyone understands what you need to do.

Stay in contact with your attorney
You need to make sure we always have your latest address, telephone numbers, and other contact information. Bankruptcy cases are “fast tracked”, meaning they move much more quickly than your typical court case. Nothing is more frustrating to an attorney than having an urgent issue come up and not being able to speak to his or her client about it. On the client’s side, nothing is more disheartening than having your case dismissed and not finding out until a creditor sues you or confiscates your property.

When we mail something to you, we will mail it to the latest address we have on file, and we will assume you received the mail, and read it. If you tell us you did not receive something we mailed to you, we are going to assume the problem is on your end, not ours. If you are not getting mail from us that you should get, you need to make sure your address is valid with us, and you need to verify your address with the Post Office.

The same goes with phone messages. If we call your number and leave a message, we will assume you got the message and are reacting appropriately to it. Do not assume the number of times we try to contact you corresponds with how urgent the issue is.

Be truthful with your attorney, with the Trustee, and with the court
There is a temptation not mention property the Trustee may want to take, or to leave out debts that you "don’t want to file on". You MUST list all debts and assets. Everything in bankruptcy is fixable as long as you tell the truth and do not hide anything. If you are caught lying or not telling the whole truth, you face a range of punishments. The punishments can range from dismissal of your case with prejudice (meaning you can’t file on those debts ever again) to prosecution for Perjury, which is a felony.

Keep continuous comprehensive insurance on any vehicles securing a debt
If you have not already, you need to immediately provide me with a declaration page from your insurance agent. This is a report that sets out your deductible and policy limits, the period the insurance is in force, and the loss payee. You can probably call your insurance agent and ask him or her to fax a copy of the declarations page over to us. Our fax number is (866) 212-9554.

By local rule, if you do not furnish proof of insurance within five days upon demand from the creditor, the creditor is entitled to impound your vehicle without further notice until you provide proof. So it is very important to get this done.

Report any errors or omissions in the creditors we notify
When we drafted your petition, we relied on what you told us about your debts. We may also have looked at a credit report and may have found creditor addresses on the Internet. This is a service to you and we are happy to do it; however, you have the ultimate responsibility to make sure all your creditors are listed, with proper amounts, names, and addresses. This also means it is up to you to report any changes to addresses, or any creditor we may need to add to the bankruptcy.

If we do not list a creditor, that creditor will not be discharged in the bankruptcy. Worse yet, if the debt is nondischargeable and needs to be paid through the Plan, your payments to increase to more than you can handle, and your case will be dismissed as being unfeasible.

Get your tax returns filed on time
You need to have filed tax returns for the last five years in order to complete your bankruptcy. If you have not filed your last five returns by the time you read this, tell your attorney. You will also need to file your tax returns, on time, for the year you filed bankruptcy.

If you need help preparing your tax returns, you may be able to get free assistance through the Volunteer Income Tax Assistance program (VITA). Free E-File income tax preparation is available:

• On the first floor of the Docking State Office Building, 915 SW Harrison Street, Room 158, Topeka.
• University of Kansas School of Law, Green Hall

Hours of operation are Monday through Friday from 9:00 a.m. to 3:00 p.m. The site will be open from January 26th through the April 15th filing deadline. They can provide assistance for families with low to moderate income ($42,000 and below). To find another site near you, call 1-800-829-1040.

DO NOT SPEND THIS YEAR’S TAX REFUND UNTIL YOU TALK TO US.

The Chapter 7 Trustee will claim at least part of your tax refund for this year. If you spend the portion of the refund that belongs to the Trustee, you risk revocation of your discharge and possible criminal charges. Be sure to get paper refund checks and do not cash them until we give you clearance to do so.

Take care of any debts not discharged in the Chapter 7 case.
Remember that student loans, back child support, criminal fines, and most tax debts are not dischargeable. You will need to pay those on your own. Also, you will need to pay the face value plus a $30 service charge for any outstanding dishonored checks you have written in the last two years (other states may vary).

In addition, if you have taken recent cash advances or charged purchases on credit cards, especially after you consulted with a bankruptcy attorney, you should expect to pay all or part of that debt back to the creditor as a condition of your discharge. In serious cases, the creditor, or the US Trustee, may file a motion to deny your discharge on the grounds of bad faith.

Stay current on your vehicle payments
If you have agreed to keep current on your vehicle payments instead of signing a reaffirmation, be sure to stay current, or the creditor will file a motion to repossess the vehicle. If this happens, you may lose your car and you may also have to pay additional attorney fees.

To sum up, this is your bankruptcy, no one else’s. You will get the benefits of debt relief if you do it right, and you will be the one to pay if you are negligent or deliberately do something wrong in your case.