At Cox Law Group, we start each potential bankruptcy case with a free initial and confidential consultation for consumer cases. One of our experienced bankruptcy attorneys will meet with you to look at all of the aspects of your unique financial situation. After reviewing your information, our attorneys will explain all of the potential debt relied on benefits, burdens, and expected outcomes of filing a bankruptcy petition for you and your family.

At your initial consultation, our attorneys will advise you of what documents they will need to file your case. This consists of your last 60 days of paystubs and bank statements, prior two years' tax returns, home and car loan statements, retirement plan, life insurance, lawsuit paperwork, and divorce decrees if applicable. Because each case is unique our attorneys will advise you if any additional documentation or information is required to file your case.

After gathering and analyzing all of your information, our attorneys will then prepare your bankruptcy petition. You will meet with your attorney to review and sign your petition prior to it being filed. Debtors must also complete the first of two required credit counseling courses before the case can be filed. Your bankruptcy petition is then filed, invoking the automatic stay which protects you from creditors and any further collection efforts. This immediately stops wage garnishments, repossessions, foreclosures, and pending lawsuits. When the petition is filed, the bankruptcy court then assigns a case number to this court filing and appoints a trustee to oversee the administration of your case.

After your bankruptcy petition is filed, the bankruptcy court will set the date for your meeting of creditors, or 341 hearing as it is sometimes referred to. This hearing is usually 30-45 days after the case is filed. At this hearing, which normally lasts 5-10 minutes and is conducted by the trustee assigned to your case, you will answer basic questions under oath from the trustee. These are usually questions about your employment, tax returns, and information listed in your bankruptcy petition. Your attorney will attend this hearing with you and assist you throughout this process.

There are two separate credit counseling requirements in every bankruptcy filing. The first is a credit counseling course that you must take prior to the petition being filed. After completing this first course and after your bankruptcy petition is filed, you must then complete the second personal finance management course, which must be completed after the bankruptcy case is filed. Both courses must be completed by an accredited credit counseling agency and the certificate of completion for both courses must be filed with the court.

Anyone who files a bankruptcy petition has an obligation to cooperate with the trustee that is assigned to your case. Trustees will ask for documentation during the bankruptcy process that they require to administer your case. The attorneys at Cox Law Group will advise you during this process so you can provide the trustee with all of the documentation required to help ensure the successful completion of your case.

Once these previous steps have been completed, you are now eligible to receive a discharge of your debts in your Chapter 7 bankruptcy case. Once you receive your discharge, creditors can never attempt to collect or contact you regarding the debt that was listed and discharged in your petition.