Explore tens of thousands of sets crafted by our community.
Bankruptcy Filing Process
20
Flashcards
0/20
Determine Eligibility for Bankruptcy
Research which chapter of bankruptcy you qualify for based on your financial situation and which debts can be discharged.
Gather Financial Documentation
Compile a comprehensive list of assets, debts, income, and expenses to provide an accurate financial picture to the court.
Credit Counseling Requirement
Complete a credit counseling course from an approved agency within 180 days before filing.
Choose the Appropriate Bankruptcy Chapter
Select between Chapter 7, 11, 12, or 13 bankruptcy based on eligibility, goals, and type of debts.
Fill Out Bankruptcy Forms
Complete the necessary forms which detail your financial status, including the bankruptcy petition, schedules, and statement of financial affairs.
File the Petition with the Bankruptcy Court
Submit your completed forms to the bankruptcy court to initiate the bankruptcy process.
Automatic Stay Goes into Effect
Immediately upon filing, an automatic stay is enforced, stopping most collection activities against you.
Trustee Appointment
The court appoints a trustee to oversee your case, manage the sale of assets (if applicable), and distribute proceeds to creditors.
Attend the 341 Meeting of Creditors
Participate in a meeting where creditors can question you about your financial status and the documents you've filed.
Complete Debtor Education Course
After filing, but before discharge, complete a financial management course from an approved agency.
Objections by Creditors or Trustee
Creditors or the trustee have the opportunity to object to your bankruptcy discharge.
Court Hearings
Attend any necessary court hearings where the bankruptcy judge will resolve any issues raised by creditors or the trustee.
Sale of Non-exempt Assets
The trustee may sell any non-exempt property to pay back creditors as part of the bankruptcy process.
Repayment Plan (Chapter 13 Bankruptcy)
Develop a plan to repay debts over a 3 to 5-year period, to be approved by the court.
Confirmation of the Repayment Plan
The bankruptcy court must approve the Chapter 13 repayment plan after reviewing its feasibility and fairness to creditors.
Discharge of Remaining Debts
After completing the payment plan or liquidating assets, remaining dischargeable debts are eliminated.
Final Decree
The court enters a final decree, formally concluding the bankruptcy process and finalizing the discharge of eligible debts.
Closing the Case
Once all procedures are completed and the judge issues a final decree, the bankruptcy case is officially closed.
Post-Bankruptcy Financial Management
Adopt sound financial practices to rebuild credit and avoid future financial distress.
Special Considerations for Businesses
Businesses must consider additional factors like public disclosure, business operations during bankruptcy, and the business's future after reorganization or liquidation.
© Hypatia.Tech. 2024 All rights reserved.