Bankruptcy Process in Arizona Part 1: What to Expect Before Filing Your Case

by John Skiba
Contact

The scary part of bankruptcy is not knowing what to expect. There are a lot of bankruptcy myths out there that cause many people to not seek out bankruptcy help, even though it can really help them out of a tough spot. Having an accurate understanding of the bankruptcy process usually relieves a lot of stress and can help you work towards becoming debt free. Chapter 7 bankruptcy cases can be broken down into three parts: pre-filing, pre-meeting of creditors, and post -meeting of creditors. This is the first of three articles on the Chapter 7 bankruptcy process. In this article I will focus on the pre-filing stage of your case.

What Can I Expect Before My Bankruptcy Case is Filed?

The Consultation

Usually the first step is the bankruptcy consultation. I, like most bankruptcy attorneys, offer a free bankruptcy consultation where we can discuss your specific situation, go over the basics of a Chapter 7 and Chapter 13 bankruptcy, and determine if bankruptcy is a good option for you. Prior to your consultation it is helpful to have at least a general idea of what your debts are. Sometimes things have gotten so bad people have thrown their hands up and completely checked out when it comes to what they owe and who they owe it to.

Gathering the Information

There is a lot of information required to file a bankruptcy case. The typical Chapter 7 case is about 50-60 pages long when completed. Information like income, expenses, debts, assets, financial transactions, business information, contracts, and the like are required to be disclosed to the bankruptcy court. I work with my clients to gather this information and then prepare the bankruptcy petition, schedules, and statement of financial affairs.

Throughout this process it is vital that the information you provide to my office is accurate. I know this is a pain. Getting information on assets, debts, income, pay stubs, bank statements, etc. are time consuming and tedious. But the more accurate we can be in your bankruptcy filing the smoother the process will go for you once your case is actually filed. Also, be completely honest with your attorney. The penalties for failing to disclose an asset or transaction are severe. When it doubt, disclose. I promise, it will save you (and me) grief down the road.

Credit Counseling

Before your case can be filed you must complete a court approved bankruptcy credit counseling course. My clients are able to do this online and it takes a little over an hour. It is not a big deal, but must be done before I can file your case.

Paying the Legal Fees

In a Chapter 7 bankruptcy case you will be required to pay all legal fees and court costs prior to your case actually being filed with the court. I go over this at the initial consultation with clients so that arrangements can be made for payment in full prior to filing.

Review and Sign

The final step before your bankruptcy case is filed is the review and sign. This is where we meet and go over all of the documents we intend to file with the court. The purpose of the meeting is two-fold: first, we want to make sure that all the information we are providing the court is thorough and accurate. Second, after your case is filed you will meet with your bankruptcy trustee and be required to testify under oath that you reviewed and signed the documents prior to filing. After this meeting you will have accomplished both purposes.

Filing Your Case

After all the work has been done in gathering information and preparing the documents the day finally arrives to file your case. The bankruptcy court has a pretty slick website that allows bankruptcy attorneys to file cases electronically. This means your case can be filed at any time, 24 hours a day. At the final Review and Sign we will set a date when your case will be filed.

While just a brief overview of the pre-bankruptcy process, it is important to note that this is an important time in your case. The accuracy of the information we provide to the court will help in determining if your case will proceed smoothly or if you will have problems that will delay the final discharge.

As I said above, I offer a free consultation where we can go over your situation. I can be reached at (480) 420-4028 or via email at john@skibalaw.com.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Skiba, Arizona Consumer Law Group, PLC | Attorney Advertising

Written by:

John Skiba
Contact
more
less

Arizona Consumer Law Group, PLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.