Debts involving materially false financial statements are
nondischargeable under certain circumstances.
If you file the bankruptcy yourself, you must fill out the forms.
There are several forms. There could be between 30 and 60 pages in
your petition, schedule and other papers filed at the time of your
bankruptcy. You must follow the local and federal bankruptcy court
rules in completing the forms. Preparing these forms requires an
understanding of both bankruptcy law and local state law in order to
enter the information correctly and accurately. The forms have to be
typed and a certain number of copies must be included with the
filing. Today, most attorneys use a computer system to prepare these
forms because of there complexity and voluminous nature.
About 30 to 40 days after you file the bankruptcy you will have
to attend a hearing presided over by the bankruptcy trustee. This
hearing is called the First Meeting of Creditors. At this hearing
the trustee will ask questions under oath regarding the content of
your bankruptcy papers, assets, debts and other matters. After the
trustee is done, your creditors will be permitted to question you.
Do not worry, your attorney will be there to represent you and your
attorney will help you prepare for the hearing. Sometimes, after
your hearing is over, various creditors will approach you to discuss
the status of secured property or the your desire to retain a credit
card. Your attorney will negotiate with them, with your knowledge
and approval.
After this hearing you will normally not need to return to court.
However, if a creditor files a motion or an adversary action, most
likely you will have to return to court. This is the exception and
only your attorney can determine if this is likely to happen.
Under normal circumstances, the bankruptcy court will
automatically issue the discharge 60 to 75 days after the First
Meeting of Creditors.
You
can reestablish credit though and be back in "A" credit
two years after the discharge of Bankruptcy. The bankruptcy is
a judgment and
will be listed for a period of up to 10 years
after the discharge. You must wait 6 years to file again or if your
bankruptcy was dismissed you must usually wait for 180 days to re-file.
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each
state has its own bankruptcy laws, so you need to check with your
state for details. Information dealing with Chapter 13 bankruptcy
and consumer debt restructuring is not discussed in the above FAQ's.
The information contained in the following FAQ's is provided for
general information purposes only and is not intended to be a legal
opinion nor legal advice nor is it intended to be a complete
discussion of all the issues related to the area of Chapter 7
consumer bankruptcy. Every individual's factual situation is
different and you should seek independent legal advice regarding
specific information.