The Process...

[OverExtended05]

What is the process for filing?

We had the 'free' consultation on the 2nd and we are going back to him to file on the 10th. He says that it is electronic and that it will go into effect immediately. So,

then we have a 341 meeting right?
How long after the 10th should we have until that meeting?
Will the trustee tell you if you can file or not?
Will my lawyer kind of have an idea if we will for sure qualify for 7 or 13?
Also what if we can't find our tax returns? Will they accept copies of them from my accountant?
Should I just get the bank statements I am missing now or should I wait to see what the requirements are for the 341 meetg?

Thanks so much guys!

[edwards2]

We filed in March and our 341 was in May. After your 341 the creditors and trustee have 60 days to object to the discharge. Yes, the attorney will advise you whether you can/should file a 7 or a 13. And I would gather the bank statements just in case. We had to order additional statements and it took a week and a half and cost us $5.00 a page. Wouldnt hurt to have them anyway.
Good luck...

[davidb81]

Once you file you are given a case #. The court then invokes an automatic stay on all of your creditors, meaning they can't take legal action against you or harass you about your debt once they are notified. you will recieve notice of your 341 meeting, within 10 days of filing. the actual meeting will be about 30 days after your file date. The trustees job is to recover money or assets for the credtiors, And to make sure the paperwork is true. They can recomend that you file a 13 instead of a 7 but your attorney will have an excellent idea as to wether or not that will happen. As for the tax returns I would think that would be ok. The moderators advise people on this forum to bring statements for 90 days prior to the filing. my attorney told me I only needed my dl and ss card. But I took the advise of these guys on this forum and brought statements and w2s I also brought some recent pay stubs. I wasn't asked for any of it but It gave me peace of mind to know I was prepared. So after the 341 there is about a 60 day waiting game you play(which everybody on this forum just loves!!! ) That is the period in which the trustee or the creditors can file an objection. If no one objects then you will be discharged, meaning that those creditors can never collect on those debts. Good Luck and keep us informed

[Miyamoto]

I'll try not to rehash what the others said. Your 341 by law must be scheduled between 30 to 45 days of filing. Mine ended up being on day 34. Since you are filing electronically your 341 may be scheduled right away, but I believe that depends on the area. I checked Pacer and mine was scheduled the same day my petition was filed so I knew well in advance of receiving the notice in the mail. I also was told just to bring my SS card and DL, but I played it safe like davidb81 and brought a pile of statements, bills, W2s, etc. I decided not to drag them in with me and just left them in the trunk. If any were requested, then it would just be a quick trip back to the car. All he asked to see was the SS card and DL when he swore me in so hopefully the US trustee will not have any problems either. The 341 is usually when a creditor would object if they are going to, but they also have that 60 days after and the government gets even longer. The last date to object for me is 10/3, but the government gets until 12/27.

Copies of the returns should be fine, that was all I had since I filed electronically. Regarding the bank statements, I didn't personally need any, but it never hurts to be prepared. I had a few missing ones also and I got as many as I could online and printed them and just figured if the others were requested I would order copies. I didn't have the money at the time to order copies so I just crossed my fingers that it wouldn't be a problem. If you want to speed things along though you can always order them now so you won't have to wait for them to arrive if they get requested. Good luck.