THE BANKRUPTCY PROCESS
STEPS TO YOUR FINANCIAL FREEDOM
I am dedicated to helping
people with financial difficulties. Your financial independence and peace of
mind, is my primary concern. I will work with you to protect your assets,
and to ensure your successful discharge of dischargeable debts. Working
closely with you is the key to a successful bankruptcy case, and ensuring
that you receive the bankruptcy discharge, and protect your assets. Call me
for your Free Consultation. Get started on getting rid of your dischargeable
debt and start rebuilding your credit with the eight step program for your
financial independence.
FIRST STEP:
You will have a Free Consultation at my
office. I will provide personal counseling to you, and we will discuss
your individual situation. We will review your bankruptcy checklist that you
have filled out, and your bills from creditors. I will review
your documentation and I will evaluate whether bankruptcy is the best option
for you. We will also discuss alternatives to bankruptcy, and we will
develop a plan for your financial independence and freedom from debt. If
bankruptcy is the best option for you, then I will discuss the benefits and
the consequences of filing for bankruptcy. I will also explain to you what
property you are allowed to keep in bankruptcy, and I will advise you on
what is called "bankruptcy exemption planning" in which I will explain to
you how you may legally take the property that you are not allowed to keep
in bankruptcy and convert it into property that you are allowed to keep. In
most bankruptcy cases, you will successfully get rid of all of your
dischargeable debt and you will be able to keep all of your property. This
could include your home and car. It is not your fault that you have to file
for bankruptcy to deal with abusive collection agencies who refuse to work
with you even though you want to pay them. I will also evaluate whether you
may sue collection agencies and make them pay for their unlawful collection
letters and harassment against you.
SECOND STEP:
You will take the required Pre-Bankruptcy
Credit Counseling Class, either over the Internet, Telephone,
or In Person, before filing for bankruptcy, and bring in your completion
certificate to my office.
THIRD STEP:
I will prepare the bankruptcy petition
that will be filed with the court. Your petition will be prepared in close
consultation with you to ensure that your petition is accurately prepared.
This ensures that your petition is free of errors and mistakes that could
affect your case.
FOURTH STEP:
You will have a consultation to review
your bankruptcy petition that we have prepared. We will review the petition
together, and I will explain to you the schedules in the petition, and I
will answer any questions that you may have, so that you will be able to
properly answer the questions that you will be asked under oath.
FIFTH STEP:
When you are comfortable that your
bankruptcy petition is complete, I will file it electronically with the
court. You will then receive a mailed notice from the court, which will
contain the date of your Section 341 meeting with the Trustee. This meeting
date, which you are required by law to attend, will be scheduled
approximately six weeks from the date that you receive the notice from the
bankruptcy court. Now you are under the protection of the automatic stay,
and generally, creditors are stopped from contacting you or continuing with
any litigation against you to collect a debt. All wage garnishments, the
freezing of your bank accounts, evictions, foreclosures, collection actions,
harassing telephone calls, and other collection activity against you, must
stop.
SIXTH STEP:
I will counsel you and prepare you for
the Section 341 meeting with the United States Trustee. I will explain to
you what will happen at the Section 341 meeting and the questions that will
be asked of you. Because I personally attend these meetings, I will be able
to tell you the types of questions that will be asked of you and I will give
you helpful hints on how to answer these questions. You will feel
comfortable at the Section 341 meeting because I will tell you the types of
questions that will be asked of you, beforehand.
SEVENTH STEP:
We will together attend the mandatory Section 341 meeting of creditors, in
which you are
asked questions regarding your finances under oath. You will already have been prepared for these
questions that are being asked of you by the United States Trustee. The
Trustee may ask you questions regarding whether you have ever owned any
property such as a house, co-op, land, cars, pensions, IRA, 401k plans,
insurance policies, cash, bank accounts, lawsuits, possible tax refunds, as
well as income from pensions, government assistance, child support, and
other expenses as listed in your petition.
You may review a sample of the
questions that are frequently asked at the
341 Meeting.
The Trustee is also required to ask you and to ensure that you have reviewed
both the
Trustee Information Sheet
and the
342(b) Notice before he allows the meeting to end.
EIGHTH STEP:
Completing the Section 341 meeting is
the most important part of your bankruptcy case. Your creditors and the
Office of the United States Trustee then have sixty days to object to the
discharge of your debts. If any creditor does contact you regarding your
debts, you should fax or
mail them a copy of your letter from the bankruptcy court , and be sure to keep proof of your fax or
mailing to them. Creditors who continue to contact you, may be held
responsible for damages.
NINTH STEP:
After the meeting of creditors you will attend the mandatory Post-Bankruptcy Personal
Financial Management Class of your choice from certified list of providers.
TENTH STEP:
After the required time period has passed uneventfully, you will receive a
notice within a few months from the bankruptcy court that you have received
a discharge of your dischargeable debt. This notice means that you have
successfully completed your bankruptcy, and you have received the bankruptcy
discharge.
RESOURCES AVAILABLE TO YOU:
Your assistance from my office does not end with the successful completion
of your bankruptcy. You will receive resources for rebuilding your credit
and improving your credit score to help you qualify for a home mortgage,
credit cards, and car loans. Just because you filed for bankruptcy, does not
mean that you should not work to obtain credit, and use it wisely.
Review my
Links
section for my Resources to Rebuild your Credit after Bankruptcy.
Sometimes, Filing for Bankruptcy with my office is the fastest way to
rebuild your credit, because it can leave you debt free, confident, and
secure in the knowledge that you have received a fresh start to rebuild and
plan for a stable and successful financial future.
-
Jacob Silver, Attorney At Law
- Office Address
- 1225 Franklin Avenue Suite - 325
Garden City, NY 11530
-
- Telephone
- (516) 374-1452
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- Fax
- (718) 797-4141
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- Electronic mail
- General Information:
silverbankruptcy@gmail.com
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