THE BANKRUPTCY PROCESS
How long does Bankruptcy case take from start to finish?
Usually from the time of filing the case until the time of it’s closing will be about 3 months. Don’t be alarmed! This time will be transparent to you. I’ll explain:
When a typical Chapter 7 case is filed, the Attorney and the person filing have to attend a short 5 minute meeting with a person from the Court called a Trustee. This meeting will take place about 4 weeks after the filing of the case. (The date of the filing of the case is called “The Petition Date” by the Court personnel. Everything relates to that date so it’s important to know what they call it)
The meeting lasts usually from 3 – 5 minutes. The appointed Trustee (usually a lawyer appointed by the Court) will ask basic questions of the Debtor. They are simple, matter-of-fact questions and are not designed to trick you or embarrass you. They include questions like this:
“Did you read the papers prepared by your attorney before you signed them?” , ” Did you move since you filed these papers?” Did you put down all of your debts to the best of your knowledge and ability? “Are you being sued by anyone?” “Did you give any valuable property away to anyone immediately before filing this Bankruptcy petition?”
This goes on for about 3-5 minutes. I will have prepared you for this meeting and we will go over all of the possible questions beforehand so that you are not nervous or fearful. It is really a very simple non-threatening meeting, and that’s it!
In almost 100% of the cases, the Trustee will say “Thank You“, and then wish you well. You’re done. That’s the end of your involvement!
I, as your attorney, will monitor the case for approximately 60 days until it closes. If the Trustee has any further questions (very rare), I will answer them on your behalf or get any other documents he or she needs.
Approximately 60 days after the meeting the case will close. You need do nothing more.
This is what happens in a typical Chapter 7 case that I handle.
Remember, I said “typical”.
If you have lots of real estate properties or a business or corporation. Or if you have lots of valuable assets such as collections, or valuable antiques, or many vehicles or watercraft, the process will take longer, because there is more for the Trustee to consider and get facts about.
My example above was for a typical Chapter 7 case where the Debtor has one or two cars, one home and typical household goods and property. Naturally, every case is different to some degree.
If you call me for a consultation, and then later come to me for your Bankruptcy we will have already talked and we will go over your specific situation and how it will be affected in the Bankruptcy. You will know ahead of time what will or will not happen.
Call me for answers for your specific situation: Brian O’Sullivan at (561) 465-5343