FRANK D. TAFF, J.D., Attorney at Law
Bankruptcy Basics - Part 2: Types of Bankruptcy
A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 ...
How To File For Bankruptcy
In a nutshell, here is how to file for bankruptcy:
Prepare a list of all creditors to whom you owe money, as well as of all collection agencies and collection attorneys who have been in touch with you about your debts.
- Answer a number of detailed questions concerning your finances, both present and past, on forms required by the Office of the United States Trustee and Judicial Council.
- Attend a credit counseling workshop, either in person or on-line, and obtain a credit counseling certificate.
- File the credit counseling certificate, all the financial information in proper form and your list of creditors, collection agencies and collection attorneys with the Bankruptcy Clerk in Topeka, Kansas City or Wichita, along with a filing fee.
- File your payment advices for the 60 days prior to the bankruptcy filing with the Bankruptcy Clerk.
- Attend a hearing, called the "first meeting of creditors" or "341 hearing", conducted by the Bankruptcy Trustee appointed to handle your case.
- Answer questions posed by the Bankruptcy Trustee and provide him or her with any other documents and financial information requested.
- Attend a credit education workshop either in person or on-line, obtain a certificate from this workshop and file it with the Bankruptcy Clerk within 45 days of the 341 hearing.
- Appear in court to answer any objections to the exemptions you have claimed and any objections to your discharge that may be posed by the Bankruptcy Trustee or creditors.
- There may be a number of other, detailed steps to the successful completion of a bankruptcy filing and to the receipt of a bankruptcy discharge besides those outlined above.
- This is only general advice. If you intend to file for bankruptcy, you should consult with an experienced bankruptcy attorney – otherwise, you may lose valuable exemptions, lose property unnecessarily, lose the opportunity for a discharge of debts, undergo investigation by the Office of the United States Trustee and the FBI and, in the worst scenario, face criminal charges.
Call us today with your questions about filing for bankruptcy or for a confidential appointment at 785.272.4108.
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