chapter 7 bankruptcy

Chapter 7 Bankruptcy Process

Each case is different, however, below is a summary of the progression of a typical chapter 7 case. Certain cases are more complicated than others and may deviate from this basic outline, which is provided for information purposes only.

Filing the Case:
Once you have signed your documents and paid your fee in full, our office will be able to file your chapter 7 bankruptcy petition electronically. We may file your case on the day you come in to sign or sometime within the next week, depending on circumstances. Once the case is filed the Court will assign a trustee to your case, and will assign you a case number. The automatic stay pursuant to 11 U.S.C. § 362 will also go into effect. From this point forward, your creditors are prohibited by law from contacting you or from attempting to collect on any debts listed in your schedules. If you receive any creditor contact after your case is filed, you should notify them that you have filed bankruptcy and give them your case number and our name and telephone number. Keep track of all creditor contact on our Call Log Form. About a week or two after your case is filed you will get a notice from the Clerk of Court that informs you of the date, time, and location of your creditors meeting. You must attend this meeting, which will be held between 20 to 40 days after your case is filed.

Financial Management Class:
After your case is filed, you must take your financial management class and obtain a certificate of completion of the financial management class. Please see our Credit Counseling/Financial Management Course page for information and links to financial management courses that are approved for the state of Louisiana. You must bring your financial management certificate to your creditors meeting and provide it to our attorney for filing with the Court. If you do not complete the financial management course and provide the certificate to our office, you will not receive your bankruptcy discharge.

Providing Documentation to the Trustee:
After a trustee is assigned to your case, you will receive a letter from their office, requesting that you provide documentation to their office. It is your responsibility to provide this documentation to the Chapter 7 Trustee prior to your creditors meeting. Failure to provide this documentation to the trustee could result in the postponement of your hearing and could delay your discharge. In certain egregious cases, failure to provide documentation to the trustee could result in the dismissal of your case, the revocation of your discharge, or the imposition of sanctions by the Court. It is vital to the success of your case that you cooperate with the trustee’s office. Contact information for all Chapter 7 trustees is listed below.

Creditors Meeting:
Your creditors meeting will be held approximately 20 to 40 days after your case is filed. The creditors meeting is also sometimes referred to as your bankruptcy hearing, or your § 341 meeting. You should arrive at your meeting at least 15 minutes before the scheduled time. For directions to the courthouse, please visit our Courts page. You must bring the following information and/or documentation to the meeting, failure to bring this information to Court could delay or harm your case:
• Your original driver’s license;
• Your original Social Security card;
• Your Financial Management certificate;
• Your most recent bank statement; and
• Your most recent check stubs.

There will be security at the courthouse and you will not be allowed to bring in food, drinks, mobile phones, cameras, or weapons of any kind (this includes pocket knives). Also, if you have very small children, it may be a good idea to make arrangements for a babysitter on the day of your meeting. Our attorney will usually have the opportunity to meet with you prior to your hearing and you will also have the opportunity to listen to the cases called prior to yours so you will know what questions to expect.

Once your case is called it usually only lasts 5 to 10 minutes. The trustee that is appointed to your case will place you under oath and ask you a series of questions about your bankruptcy paperwork and the information provided therein. The whole proceeding is recorded on a tape recorder. In some cases, creditors will be present and will ask you questions, but most of the time, once the trustee is finished examining you, the meeting will be concluded and you will be free to go.

After the Creditors Meeting and Prior to Discharge:
You are scheduled to receive your Chapter 7 discharge 60 days after your creditors meeting is concluded. During the period between your creditors meeting and the receipt of your discharge, you may receive information from the trustee concerning the administration of assets in your case. If you receive a case administration letter, you should contact our office with questions. Also, in rare cases, creditors may objection to your discharge. If you receive an objection, you should also contact our office with questions. During this period you may also receive requests for additional documentation from our office and you may need to sign a reaffirmation agreement on secured property that you are attempting to keep. If you have what is called a “no asset” case, this is typically a period of waiting, where very little action occurs in your case.

Discharge:
Approximately 60 days after your creditors meeting, you should receive your Chapter 7 Discharge. The Discharge is the Order signed by the Bankruptcy Judge relieving you from personal liability on almost all debts. It is the Discharge Order that gives you a clean slate and provides you with the fresh start that you were seeking when you initially considered filing for bankruptcy. You should receive a copy of your Discharge Order in the mail approximately 70 days after your creditors meeting.

After Discharge:
Once you receive a copy of your Discharge Order, it is a good idea to mail a copy of the Discharge Order along with a list of all the creditors that you listed in your case to the three main credit reporting agencies. This is a good first step to rebuilding your credit. The names and addresses of the major credit reporting agencies are as follows:

Equifax PO BOX 740256 Atlanta, GA 30374

Experian PO BOX 9701 Allen, TX 75013

Transunion PO BOX 2000 Chester, PA 19022

Once you receive your Discharge, you are protected by the Bankruptcy Code from attempts to collect on the debts listed in your bankruptcy case. If you receive a bill, a collection call, or are otherwise contacted by a creditor after you receive your discharge, please contact our office immediately so that we can take steps to stop this collection activity.

CHAPTER 7 TRUSTEES (MIDDLE DISTRICT OF LOUISIANA)

Samera L. Abide Chapter 7 Trustee 17732 Highland Rd. #G-107 Baton Rouge, LA 70810 225.923.1404

Dwayne M. Murray Chapter 7 Trustee 660 N. Foster Dr., Suite B-101 Baton Rouge, LA 70806 225.925.1110

Martin A. Schott Chapter 7 Trustee 7922 Wrenwood Blvd. Suite B Baton Rouge, LA 70809 225.928.9292