In order to file a bankruptcy case and successfully receive a discharge, you must complete approximated 50-75 pages of government drafted forms. The language is complicated making it difficult to know just what to do. You sign all of your bankruptcy paperwork under penalty of perjury, so making even seemingly small mistakes can create very big problems.

Using information you provide, our office will prepare the petitions and schedules that detail your income, debts and assets for the bankruptcy court. Our attorneys review the statements and schedules with you multiple times before they are filed with the court. We provide a sheet with common issues that we have seen in chapter 7 bankruptcy cases that will ensure you are aware of any issues that might arise in your case.

After we file your case, the court will appoint a bankruptcy trustee to oversee your case. The trustee’s primary job is to make sure that any available assets are distributed to your creditors, but many Chapter 7 filers can keep all of their property. You are required to have at least one meeting with the trustee where he or she will interview you under oath about your statements and schedules. We prepare you for the hearing and attend the hearing with you. We are by your side the entire time.

Whether you get to keep your property in the chapter 7 bankruptcy case depends on state law. One of the biggest mistakes people who don’t have an attorney make is attempting to transfer assets (including money and tax refund proceeds) prior to filing their bankruptcy. Congress realized this would be a problem so they gave the trustee very broad powers to unwind those types of transfers. While the Supreme Court has said that bankruptcy planning is allowed to protect yourself, it must be done within the confines of the bankruptcy code. Having an experienced attorney assisting with planning your bankruptcy case may make the difference between having to turn over your property or being able to keep all your property.