Bankruptcy:
Consumer Bankruptcy
[1] Introduction
[2] General Information
[3] Limitations on Filing
[4] The Automatic Stay
[5] Debt Treatment under Chapter 7
[6] Debt Treatment under Chapter 13
[7] Asset Treatment under Chapter 7 and 13
[8] Choosing Between the Alternatives
[9] Case Summary and Outline
[10] Getting Started
[11] Typical Pre-Filing Problem Areas
[12] Filing
[13] Typical Post Filing Issues
[14] The First Meeting of Creditors
[15] Chapter 7 Interim Administration
[16] Chapter 13 Interim Administration
[17] Chapter 7 Discharge
[18] Chapter 13 Discharge
[19] Typical Post Discharge Issues
[20] Fees and Costs
[21] Bankruptcy Reform

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[1] Introduction & Priority Debt
[2] Secured Debt
[3] Executory Contracts & Unsecured Debt
[4] The Bankruptcy Estate
[5] Chapter 7
[6] Chapter 13
[7] Final Matters

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Chapter 12

Filing

1.0 In General

Before your case can be filed by the attorney you must meet with him, review your papers, sign them, and pay the balance of the fee. Once the papers are prepared you will be called by one of the paralegal’s to set up an interview.

2.0 Meeting with the Attorney

During the attorney’s third meeting with you, the pleadings are reviewed page by page and signed by both the client and the attorney. This provides the attorney another opportunity to check the pleadings for errors, request clarification from you, and issue any necessary warnings about the consequences of filing. It is not uncommon for there to be additional corrections that need to be made before the documents are actually complete. As indicated above, if your case is a joint filing both parties must sign the papers. Only original signatures in front of the attorney are acceptable. As a result the attorney cannot accept faxed copies of documents.

3.0 The Briefing

After the second meeting with the attorney, if the documents are complete and you have paid the retainer, a member of the attorney’s staff will enter you into the computer and give you the access codes necessary to log into the internet site where you will receive the required credit briefing. You will also be given a copy of your bankruptcy papers. You will need them for the credit briefing. Then you will need to find a computer with internet access so you can obtain the briefing. The Provo and Orem Libraries have computers that can be used for free if you have a library card. If not, there is a charge of $1.00 for one and a half hours of use. The initial briefing takes approximately 90 minutes to complete. You must complete this briefing before the attorney can file your completed papers.

4.0 Preparing the Documents for Filing

Once you have completed the briefing you should contact the attorneys office to relay that information. You should also bring in a copy of the certificate of completion. You should also carefully review the bankruptcy papers to ensure that there are no errors in them. If you find errors, bring them to the attention of the attorney’s staff so the appropriate corrections can be made. Cases are usually filed on Saturday afternoons. Once the case has been filed, the Court will issue you a case number. This number can be obtained from our office at your convenience. You may give it to creditors who call you.

Please keep your copies of the bankruptcy documents in a safe place. You will need to bring them with you to the first meeting of creditors and you will need them in the future if you ever apply for a loan.

5.0 Notices to Creditors

Once your case has been filed with the court, the attorney will send notices to each of your secured creditors as well as each creditor with whom you have an executory contract. This is to let these important creditors know immediately what your intent is with regard to their obligations.