The specific timeline will vary depending on what chapter of bankruptcy is filed, but the information presented here will give you a brief overview of the bankruptcy process. At Hubeny & Zaba, LLC, our Illinois bankruptcy attorneys begin with a free initial consultation in order to answer all of your questions and describe the bankruptcy process in more detail.
Following the initial consultation, we provide our bankruptcy clients with a questionnaire that is designed to obtain all of the information we need to prepare the bankruptcy petition. Once we receive the required information from our client, a bankruptcy attorney will draft the petition to file with the court.
Prior to the actual filing of the bankruptcy petition, a debtor must complete a court-mandated credit counseling course. These are provided online for a nominal fee, and usually take about an hour to complete. Once the debtor has finished this course, a certificate of completion will be provided, which must be filed with the court by our bankruptcy attorneys, along with your bankruptcy petition.
Once the bankruptcy petition is filed with the court, an automatic stay is issued. This is significant because beginning at this time and throughout the entirety of the process, the automatic stay prevents creditors and bill collectors from continuing attempts at collection. All telephone calls, letters and lawsuits from the creditors must cease at this point, providing you with the peace of mind you deserve.
When the petition is filed by one of our bankruptcy lawyers, you will be assigned the date and time of the 341 Creditors Meeting. Generally, this will be the only appearance you will have to make during the bankruptcy process. At the 341 Creditors Meeting, you are sworn under oath, and asked questions by the bankruptcy trustee in order to confirm the accuracy of the information provided in the petition and declare any assets you may have that are outside the state exemption limits. Following the meeting, the bankruptcy trustee will issue a finding of whether the debtor has any assets to be distributed to the creditors.
NOTE: When filing a Chapter 13 bankruptcy, your bankruptcy attorney will also present a proposed payment plan to the court outlining how you anticipate repaying your creditors, and this must be approved by the court as well.
Following your 341 Creditors Meeting, your bankruptcy attorney will instruct you to complete a debtor education course, which also can be taken online for a nominal fee. Before a discharge can be obtained, a certificate of completion must be filed with the court by our bankruptcy lawyers.
Once all of the steps have been completed and any applicable payments have been made to the trustee in a Chapter 13 case, the court will send out a discharge letter explaining what debts have eliminated. At this point, you no longer owe money on these debts, and any pending lawsuits will also be dismissed.
Call 630-455-0500 or use our online contact form to schedule a free initial consultation with one of our Westmont bankruptcy attorneys. Our lawyers have the experience and the knowledge to assist you with all of your bankruptcy matters.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.