Bankruptcy: Getting startedBankruptcy law is complex and the process of preparing a case and filing for bankruptcy protection can be intimidating and confusing without proper representation and assistance. One of the most common things that we hear from potential clients is “I think I need to file bankruptcy but I don’t know what to do…how do I start the process?” This page is our answer to that question. Step 1: Gather Information and Documentation
In order to solve a problem, the first step is gaining an understanding of what you are up against. In order to take advantage of the protections offered by the United States Bankruptcy Code, and to get control of your financial situation, it is vital that you obtain accurate and complete information regarding your debts, your creditors, your assets, income, and expenses. If you choose to hire us as your bankruptcy attorneys we will need to have complete information to adequately represent you. What information do you need? Our New Client Questionnaire contains a series of fill in the blank questions, that, when answered will provide our firm with the information we need to represent you effectively in bankruptcy court. What documentation do you need? To accurately prepare the schedules and statements required by the Bankruptcy Code, we must obtain copies of several documents that pertain to your financial situation. These documents are listed in our Required Document Checklist. Also, we are required by federal law to provide several notices to you that discuss the bankruptcy process. These notices are contained in our Notices Packet. Step 2: Schedule a Free Initial Consultation Once you have printed out the forms, compiled the information, and gathered the documentation, please contact our office for a free initial consultation. At this consultation, you will meet with one of our attorneys to discuss your financial situation and the options that are available to you. You will have the opportunity to ask questions, and our attorney will tell you about the process of your case from filing to discharge. The attorney will also discuss the fees and court costs associated with each type of bankruptcy case and may provide you with additional information and/or documentation, depending upon your particular circumstance. You can schedule your free appointment by calling (225) 769-1414, emailing us, or by visiting our Contact Us page and submitting the online form. Step 3: Credit Counseling Course and Certificate In order to be eligible to file a bankruptcy case, you must complete a credit counseling course and obtain a certificate of completion of this course no more than 180 days before filing your case. There are several options to choose from for completion of this course. Please see our Credit Counseling/Financial Management Course page for information and links to credit counseling agencies that are approved for the state of Louisiana. Step 4: Hiring the Grand Law Firm to Represent You One of the most difficult parts about filing bankruptcy is making the initial decision to hire an attorney. We have had numerous clients tell us that once they made the initial decision to move forward with a bankruptcy filing, a tremendous weight of stress was lifted off of their shoulders. Once you make the decision to hire our firm, you simply need to come in and drop off your questionnaire, documents, and paperwork, sign a Bankruptcy Retainer – Fee Agreement, and pay a portion of your fees down. The amount of fees will be determined by the attorney at your initial consultation. Once you have hired the Grand Law Firm, WE deal with your creditors, and take the pressure off of you. If creditors, collectors, or law firms contact you after you have hired us, notify them that you are represented by counsel. It is also a good idea to keep a log of all creditor contact that you receive after you hire our firm, our Call Log Form is a useful tool in keeping track of creditor contacts. Step 5: Communication with Our Office Once you have hired our firm, one of the most important things that you must do, is to stay in contact with our office. We will have received your initial paperwork, but there may be other documentation or information that we need to complete your bankruptcy petition and schedules. It is important to open the mail that you receive from our office and to return phone messages as soon as possible because these contacts may be vital to the preparation of your case. Additionally, if you have questions for us you can contact our office by any of the means listed on our Contact Us page. Please understand that we represent a large number of clients who have legal issues of varying degrees of urgency. Our office will return your contacts in the most expeditious manner possible. If you leave us a phone message, send us an email, or a fax, we will get back with you that day if possible, or if not within 24 to 48 hours. Step 6: Review and Signing of Your Bankruptcy Documents Once our office has prepared your complete bankruptcy paperwork, you will have to come in for a follow up appointment to review and sign your bankruptcy petition, statements, schedules, and plan, if applicable. Our office will usually schedule this appointment when you come in to drop off your documents and sign your retainer. At the follow up appointment, you will be required to pay the remaining balance due on your fees. All bankruptcy cases are filed electronically. Once your case is filed, you will receive a notice in the mail with important information, including the date and time of your creditors meeting. Depending on which type of bankruptcy you filed, the process will be different after the filing of your case. Please visit either the Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, or Chapter 11 Bankruptcy pages for more information about the post-filing process in each type of case. |
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