How a case goes
From the first conversation to the discharge
Most Chapter 7 cases take four to five months from our first talk. Chapter 13 takes the length of the plan. Here is each step and what it asks of you.
- 01
Step 1: A first conversation
Thirty minutes, by phone or at the office. Bring the letter that worries you most. I’ll tell you which options fit and what each would cost.
- 02
Step 2: The paperwork
I send a list: six months of pay stubs, two years of tax returns, recent bank statements and every bill you can find. A credit report fills the gaps. Most people gather it in two or three weeks.
- 03
Step 3: A short course
Before filing, federal law asks you to take a credit counseling course from an approved agency. It’s online, takes about an hour and costs a small fee.
- 04
Step 4: Filing
I prepare the petition and schedules, go through them with you line by line, and file. From that moment the automatic stay stops most collection: calls, lawsuits, garnishments and sale dates.
- 05
Step 5: The meeting of creditors
About a month later, a trustee asks you a few questions under oath, often by video. It usually takes ten minutes. I prepare you beforehand and sit beside you.
- 06
Step 6: Discharge, or a plan
In Chapter 7 the discharge order usually comes about sixty days after that meeting. In Chapter 13 you make plan payments for three to five years, and I stay on the case until it closes.
What to have on the table the first time
None of this is required for a first conversation, but each one makes it more useful.
The letter that scared you
A lawsuit, a garnishment notice or a sale date. Deadlines on these matter most.
Recent pay stubs
Two or three are enough to run a first pass at the means test.
A rough list of debts
Who you owe and about how much. A guess is fine; the credit report will fill it in.
What you own
The car, the house if there is one, and any retirement account. I’ll check each against the exemptions.
Start with the letter that worries you most
Call or write, and we’ll find half an hour this week.