Employment

Michael Daniels Law

Chapter 7 Procedures


If you are going through these stressful events I hope you will consider setting a free consultation with me, so that I can outline your choices. Any decision you make will be momentous, and so it should be fully informed. I am a New Mexico bankruptcy lawyer that wants to give you the legal support you need to take action and put your finances back in order.
Step
Description
When it Happens
1. You complete pre-bankruptcy credit counseling course.
Your attorney will provide you with a little list of credit counselors approved by the U.S. Trustee
Prior to filing your chapter 7 bankruptcy petition.
2. Your case is filed & your creditors are notified of your filing chapter 7 bankruptcy.
The court will send written notices to all creditors & notice parties listed with your petition.
Shortly after filing chapter 7 bankruptcy.
3 . The court appoints a trustee.
The court appoints a trustee to examine your papers and manage your property
Shortly after filing chapter 7 bankruptcy.
4. The court sets a date for the meeting of creditors
The court sets a date for the meeting of creditors. The court notifies your creditors, whose names and addresses you gave in your bankruptcy papers.
Shortly after filing chapter 7 bankruptcy.
5. You and your attorney attend the meeting of creditors.
The meeting of creditors is the only court appearance most people make. The Chapter 7 trustee and creditors who show up can ask you about the information in your papers.
Approximately 30 days after filing chapter 7 bankruptcy.
6. You deal with secured property.
If, on your Statement of Intention, you said you would surrender or redeem the collateral securing a debt, or reaffirm a secured debt, you must do so now.
Within 45 days of the date you file the Statement of Intention. (The statement is usually filed with your initial papers for filing chapter 7 bankruptcy.
7. You and the chapter 7 trustee deal with your nonexempt property.
The trustee may collect your nonexempt property and sell it to pay off creditors. You may keep the property if you pay the trustee its market value in cash or give up exempt property of the same value.
After the meeting of creditors.
8. You complete a pre-discharge financial management course.
Your attorney will provide you with a list of credit counselors approved by the U.S. Trustee.
Prior to receiving your discharge.
9. The court grants your discharge.
The court will mail you a copy of your discharge order.
Approximately three months after filing chapter 7 bankruptcy.
10. Your case is closed.
The Trustee sells your non-exempt property and distributes the proceeds to your creditors.
Generally within two years of the petition filing date
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