Alpharetta Chapter 7 & 13 Lawyers

Things You Should Know Before Filing Bankruptcy

Pre-Bankruptcy Filing

Prior to filing bankruptcy in Alpharetta, Roswell, Cumming or throughout the surrounding areas of Georgia, regardless of what Chapter you file, each debtor must complete a Pre Filing Credit Counseling Course.  Bankruptcy lawyers suggest that if a client knows that they will be filing prior to the initial consultation, that this course be completed before the initial consultation to make the meeting as effective as possible.  This course must be done no more than 180 days prior to filing and no less than 1 day prior to filing.

What to know regarding your initial consultation

After taking the course the first step is to call our Alpharetta or Cumming bankruptcy attorney offices and make an appointment for a consultation where we can discuss next steps best for your particular financial situation.  If you don’t know whether Chapter 7 or Chapter 13 is best for you, our Chapter 7 & 13 bankruptcy lawyers can do a consultation to determine the best route to take.

Once we have a copy of the certificate of completion of the Credit Counseling Course, a copy of your most recently filed tax return, and 60 days worth of pay stubs (assuming you have been employed for any part of the last 60 days) we can file your case at our first meeting.

What to expect

Once we file all the harassing phone calls and letters should stop immediately. After our bankruptcy attorneys file, you will need to take a second online course called Financial Management. This course can be found here at the U.S. Department of Justice’s list of Approved Providers of Personal Financial Management Courses. Thirty to forty days after we file, we will need to go to the 341 Creditor’s meeting.  This meeting should only take 10-15 minutes, and our Chapter 7 & Chapter 13 bankruptcy lawyers in Cumming, Alpharetta, Roswell will prepare you prior to going.  The meeting will yield different results depending on whether you filed Chapter 7 or Chapter 13:

• If you file a Chapter 7, 3-5 months after the 341 meeting you should receive your discharge, and the case will be closed.
• If you file a Chapter 13, you will need to make the monthly plan payments to the trustee, starting 1 month after we file.

After the 341 meeting their will be a Confirmation Hearing that we will attend for you. Once the Plan is confirmed, all you have to do is continue to make your monthly payments to the trustee and you will receive your discharge at the end of the prescribed Plan Period.

Steps for you to complete

Before Filing

• Complete a Pre Filing Credit Counseling Course
• The course can be found on our list of Georgia legal resources
• Find most recently filed tax return, and 60 days’ worth of pay stubs (assuming you have been employed for any part of the last 60 days)

After Filing

• Complete Financial Management Course
• Attend 341 Creditor’s meeting with one of our Alpharetta, Cumming or Roswell Chapter 13 attorneys
• Make the monthly plan payments to the trustee if necessary

Contact Us Today

Call 770-408-7000 today, or contact us for a consultation with one of our bankruptcy lawyers.

Serving clients in the Atlanta area and across North Georgia

From offices in Alpharetta and Cumming, GA the attorneys of Daniel W. Mitnick & Associates, PC provide sophisticated criminal defense, family law, personal injury, and bankruptcy legal representation for clients in the communities of—

Call 770-408-7000 today, or contact us for a consultation with one of our lawyers.

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