What are Filing steps and milestones?

[RLOPE]

Once my paperwork is in order and I say to my attorney we're ready to file?

then what?

Is there somewhere on this site that outlines the whole process and how long it takes?

Appreciate it everybody!!!

[LadyInTheRed]

Here's a quick and dirty list of the steps. I'm sure I've missed things. And if problems come up, additional steps will be required. I'm not including much in the way of timelines because it will vary based on your district and your case. In my case, the process from the time I told my attorney to file through confirmation took about 40 days. My attorney prepared the petition very quickly and everything went smoothly.

• You take pre-filing course (if you haven't already) and give certificate of completion to your attorney.
• Attorney prepares the Petition (Ask your attorney how long that will take. It depends on his workload).
• You review the Petition for accuracy.
• Attorney revises petition if needed.
• You review petition again to make sure required revisions are made.
• You sign the Petition once everything is correct.
• Attorney Files Petition, including schedules and your plan unless for some reason they will be filed later.
• A 341 meeting is scheduled and Notice of your BK and 341 meeting is sent to you and your creditors.
• You make first plan payment within 30 days of filing (confirm due date with your attorney) and continue making that payment monthly unless advised otherwise by your attorney.
• You complete your post-filing course (this can be done anytime before your last plan payment, but you might as well do it now)
• Your attorney sends any required documents to the trustee.
• Trustee may ask your attorney questions and for further documentation.
• You attend 341 meeting (30 to 60 days after filing, depending on court)
• Trustee either objects to confirmation of your plan or recommends confirmation.
• Creditors may also object to confirmation of your plan, but that is rare.
• Your attorney negotiates with the trustee or creditor(s) to try to resolve objections.
• Your attorney prepares and files amended plan if necessary (you will need to sign it first).
• Your attorney goes to confirmation hearing if an appearance is required in your court (debtors rarely attend).
• Court confirms or denies your plan either because there are no remaining objections or the judge considered objections and made a ruling.
• You go about your life and continue to make your plan payments until your plan is complete and let your attorney know if you have any changes in income or expenses.
• If required by your trustee, you submit a copy of your tax return to the trusee each year.
• You sign a declaration saying you've completed your plan and required courses (I don't know if that's true in all courts. It is in mine)
• The trustee distributes whatever funds are need to be distributed and performs an internal audit.
• You receive a discharge!!!!!
• Hamsters dance in celebration!

[AngelinaCat]

• Hamsters dance in celebration!

LOL It should be noted that the Hamsters are not an official part of the BK Code....

[justbroke]

LOL It should be noted that the Hamsters are not an official part of the BK Code....

I think that we should petition Congress to amend the bankruptcy code. Amongst other things, such as a principle reduction for primary residences in a Chapter 13, we should amend 11 USC 727 and 11 USC 1328 as follows...

11 USC §§ 727, 1328 are amended to add the following; (a) The BKForum shall grant the debtor a hamster dance, unless the debtor is not an individual; (b) the hamster dance shall come at no additional cost to the debtor; and, (c) said hamsters shall remain in the custody and control of a moderator who enjoys felines, notwithstanding that hamsters are not a part of the feline family.

[RLOPE]

Thank you! So how long does it take between the time you file and the 341 meeting?

[AngelinaCat]

Depending on your district, usually about 30-40 days, sometimes longer.

[nsupanda]

[*]The trustee distributes whatever funds are need to be distributed and performs an internal audit.

Thanks for that LadyInTheRed! I've been looking for an outline such as this myself. What does the "internal audit" entail? Not that I'm worried, but ya know... don't like the word "audit"

[LadyInTheRed]

Thanks for that LadyInTheRed! I've been looking for an outline such as this myself. What does the "internal audit" entail? Not that I'm worried, but ya know... don't like the word "audit"

The audit I'm referring to is where the trustee looks at all the payments you made and all the disbursements the trustee has made to make sure your plan has been completed and everybody who should get paid got paid the correct amounts. That's how I understand it, anyway.

There is another audit that could occur. The US Trustee radomly chooses BKs to audit before they get closed. I think JustBroke posted recently that only 1 in 250 BKs is chosen for audit. If your case is that one, then you may have to provide documentation to the US Trustee regarding your finances.