Bankruptcy can be a complicated process, but an experienced Orlando area bankruptcy law firm like Clark & Washington, P.C. can make this difficult time as hassle-free as possible for your and your family. We understand what you’re going through, and are here to help. Our entire practice is devoted to representing individuals and families in Chapter 7 and Chapter 13 bankruptcy cases.
In most bankruptcy cases, the chronology of events is similar. Our office process is finely tuned to ensure that you not only have all the information you need before filing, but that you are involved and comfortable every step of the way. At Clark & Washington, you will not experience the frustration of waiting around to hear from your attorney or spending countless hours trying to get updates on the status of your case.
At Clark & Washington, bankruptcy is our only area of practice. We are not a general practice law firm that dabbles in bankruptcy with an occasional filing. We only handle bankruptcy cases. If you need a will, or your nephew needs a DUI lawyer, we are happy to make a referral but we do not handle non-bankruptcy cases. Our lawyers and staff are selected for their capabilities as well as their compassion and ability to listen.
At Clark & Washington, P.C. our process is as follows:
- Attend a Free Consultation: At this FREE, no-obligation consultation you will meet with an experienced bankruptcy attorney to discuss your current financial situation. Your Clark & Washington lawyer will counsel you as to which type of bankruptcy (either 13 or 7) makes the most sense for you and your family. If your attorney feels it is not the best time for you to file or that you shouldn’t file at all, he or she will advise you accordingly and will discuss non-bankruptcy options with you.
- Bankruptcy Cases Begin with a Petition: Once you and your lawyer make the decision to file a case, we will prepare a bankruptcy petition. The petition is a complex document that includes all of the information you have provided to us about your income and expenses, debts and assets. Your petition is made up of around 50 pages and must be submitted on court approved forms. We use the latest petition preparation software to prepare paperwork that meets all of the filing requirements of the bankruptcy courts in Florida’s middle district. Once your petition has been prepared and you have reviewed it with your lawyer, we will then file your petition with the clerk of bankruptcy court. We file our cases electronically, meaning that we log in to the Bankruptcy Court clerk’s web interface and file immediately. You can have your bankruptcy case number literally within a matter of minutes.
- An “Automatic Stay” is Imposed when you File for Bankruptcy: The minute we file your case, the core protection of bankruptcy comes into existence. This protection is called the “Automatic Stay” and it makes it illegal for your creditors from taking any action to collect debts from you. Once the automatic stay goes into force, creditors cannot call or write, and they must dismiss any wage garnishments. They must call off the repossession agent and any pending foreclosure must stop. Any property seized – even a minute after you file – must be returned. The clerk of court will send out a written notice about your bankruptcy case filing a week or so after you file, but the automatic stay applies even when creditors do not have actual knowledge.
- Four to Six Weeks After You File, You Will Attend a Meeting of Creditors: After your case is filed, you will need to attend a brief hearing with a bankruptcy trustee and any creditor who chooses to attend. This hearing is called a Section 341 Meeting of Creditors and it will usually take about 5 minutes. Of course, your Clark & Washington lawyer will be right by your side at this 341 hearing. You will be asked to confirm that the information in your petition is true along with a few other questions about your case.
- Chapter 13 Cases are Confirmed Following Your 341 Hearing:
- Most of the time, the trustee will file one or more objections to your Chapter 13 case. These objections can be simple – the trustee may want proof of insurance or plan payments, or the trustee may want us to change a provision in your plan.
- Because bankruptcy is all that we do, your Clark & Washington attorney will discuss with you the possible solutions to any trustee objection. If the trustee wants a higher plan payment, we can review your budget and decide whether to offer a compromise or whether to take the issue to the judge. Either way, you will be directly involved in deciding what to do.
- Once all trustee and creditor objections are resolved, your case will be formally approved by the judge – at that point, your plan will be “confirmed.” As long as you continue to make your plan payments, your case will remain in force and you will remain protected from all creditor action.
- After you make all of your plan payments, the judge will send you an Order of Discharge, meaning that you have fulfilled your obligations under Chapter 13 and that your debts are now legally extinguished.
- Chapter 7 Cases are Discharged After your 341 Hearing:
- In most cases, neither the trustee nor any creditor files an objection to your case. By law, creditors have 60 days from the first date for your 341 hearing to file objections (creditor objections in Chapter 7 are rare), so your case must remain open for at least 2 months following your 341 hearing date.
- Once the deadline for objections has passed (about 3 months after filing) your case will be scheduled for a discharge order to be issued by the judge assigned to your case.
