Process After Filing Bankruptcy

Frequent questions related to what happens after you file bankruptcy.

Will bill collectors stop calling after filing bankruptcy?

On the powerful protections in a bankruptcy case is the automatic stay. In a typical voluntary bankruptcy, this stay is completely automatic, and goes into effect upon filing the bankruptcy petition without any action from the court.

After being dismissed, can I file Chapter 13 bankruptcy again?

Generally, one can file bankruptcy again after a chapter 13 case has been dismissed. Re-filing is relatively common. Sometimes there are limits on re-filing at all, but more often the limits affects the available of the bankruptcy automatic stay.

Can a Husband and Wife split their joint bankruptcy?

It is possible to sever a joint case into two individual cases. Such requires approval of the court and requires a

Can I change between Chapter 13 and Chapter 7 after filing?

Bankruptcy law terms changing from one chapter to another a conversion. Common conversions for individuals are from chapter 7 to chapter 13 or from chapter 13 to chapter 7.

Can I be fired for filing bankruptcy?

Generally, no. Debtors are protected by section 525(b) of the bankruptcy code from termination of employment by private employers. However, this protection only extends to termination solely because of the bankruptcy, insolvency prior or during the bankruptcy, or failure to pay a dischargeable debt. Termination for other reasons, including those related to job performance and economic conditions is still permitted.

What can cause a higher chapter 13 payment than initially proposed?

When filing a chapter 13 petition, a plan payment is calculated based on the figures included in the petition, and a plan is proposed by the debtor. In some cases, this payment will be confirmed by the court and may continue for the life of the plan. In other situations, changing the payment may be necessary to obtain plan confirmation. If the debtor changes his or her mind about what plan to pursue, e.g. the debtor decides to pay for a car instead of giving it up, the payment usually changes, and this is no surprise. However, other things can impact the payment, including:

What happens if I fall behind on my chapter 13 payments?

If you miss payments on your chapter 13 plan, you risk being dismissed from your bankruptcy case, or in more unusual circumstances converted to chapter 7. If your case is dismissed, your creditors will be able to resume efforts to collect from you, and you will not receive a bankruptcy fresh start. If a case is converted, a chapter 7 trustee will be appointed to sell your non-exempt property and pay your creditors.

Will I have to go to court?

Bankruptcy debtors are understandably anxious about going in front of a judge during their bankruptcy. However, court appearances should not be major worry for most debtors. Many uncomplicated or uncontroversial cases proceed along to discharge and close without having a hearing in front of a bankruptcy judge. When there are hearings, some are routine matters that can be handled by the debtor's attorney alone and at others nothing will be asked of the debtor who is present. Only a small percentage of debtors actual speak a word in front of a bankruptcy judge.

What is my meeting of creditors?

A meeting of creditors, also known as a 341 meeting, is a meeting that occurs in every bankruptcy case and permits questions to be asked of the debtor(s). Despite its name, creditors generally do not attend a meeting of creditors. Instead, the bankruptcy trustee or his or her representative will be the primary individual asking questions. Your debtor's attorney attends the meeting with you. At Fabricius & Fabricius PLLC, our standard practice is the that same attorney who assisted you pre-filing will accompany you at the meeting.


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