Once your case is filed, you will have to appear in Court about five weeks later. See the page “IN COURT” for information (click on the IN COURT link above). This page has information on other things to know once your papers have been filed.
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You will receive a package from our office a few days after the filing which will contain a copy of all of the papers that have been filed. You should read them over carefully. You reviewed them in the office when you signed them, but now you should take some extra time to go over them again to see if there is anything that should be changed. We are allowed to amend the papers and it is something that is easily done.
- If you realize that a creditor was left out of the original filing, call for an appointment and we will prepare an amendment. I do not charge legal fees for amendments, but when you add a creditor there is a $26.00 filing fee.
- f you receive calls from creditors after your papers have been filed, you can tell them that you have filed, you can give them the date of the filing, the chapter under which you filed and the case number. You can also give them my name, address and telephone number if they ask. If they ask you more questions than this, you should refer them to me. Never discuss any type of settlement or payment arrangements.
- After your petition is filed, you have to do another counseling course, this one in personal financial management. This is in addition to the course you did prior to filing. You should do it with the same company you did the first course with. If I set up your first course, I will set up the second. You will do it the same way, either by telephone or online. If it is done online, you use the same username and password.
- If you have a mortgage or car loan, you may find that the bank has restricted your ability to pay. They may no longer allow you to pay on-line or on the telephone. They may not even send you bills. However, if you want to keep your house or car, you have to make the payments. Do this by simply mailing checks to the payment address. Put the account number on the check and include a copy of an old payment coupon if you have it. They will take the payment and cash the check. If you have any questions about this, call me.
- In a Chapter 7, you will receive your discharge about three months after you appear in Court. In a Chapter 13, you will receive your discharge after you complete your payments. Keep the discharge with the petition. If you ever apply for a mortgage in the future, the bank will want copies of both. (For some other information specific to Chapter 13, click here.)
- After you receive your discharge, your case will be closed. If you discover a new creditor after the case is closed, it cannot be added as an amendment. However, in a Chapter 7, the debt, even though it was not listed, is often still considered discharged. Let me know about the new creditor, and if it is a debt that is considered discharged, I will send a letter to them to let them know about the bankruptcy and point out to them the cases and legal principles that mean that the debt is discharged.
- If you ever hear from creditors who were listed in your papers after the case is filed or after it is closed, either by receiving a letter or by being sued, call me immediately. Not only will I get the creditor to stop bothering you, we also may be able to sue them for violating the discharge of the Bankruptcy Court.
