Guidelines for Filing a Chapter 7 Bankruptcy
As our bankruptcy experts know at Skrupa Law Office, LLC, a Chapter 7 bankruptcy filing can be confusing and frustrating. If you are not ready to come seek advice for our team just yet, we still have some tips for you to start the process stress-free.Chapter 7 protocols have changed and are more demanding. Bankruptcy cannot get rid of child support, alimony, court penalties, most student loans, and most tax debt. Read below for tips from our bankruptcy team at Skrupa Law in Omaha and Lincoln.
Tip 1: Credit Education
The law requires you to take a two-session credit counseling class when filing for bankruptcy. The first one will be instructed by a federally-approved service provider and has to be completed within 180 days of filing bankruptcy. The second session will involve a federally-licensed debt management provider. You must complete this course after you file bankruptcy, but before a judge enters a discharge of your debts.
Tip 2: Hire a Bankruptcy Professional
At this time you may want to call Skrupa Law for guidance. The Chapter 7 process is lengthy and complex even for trained lawyers because of the Bankruptcy Abuse Prevention and Consumer Protection Act. If you do hire us, you will have to attend a 341 proceeding at the federal courthouse, testify to the Chapter 7 Trustee the accuracy of the information provided in your bankruptcy petition, and allow for any creditor that may want to object to the discharging of the money owed to them to ask you questions. Most of the time no creditors show up.
Once you have completed the two credit counseling courses and attended the 341 Meeting, it can take anywhere from a few weeks to a few months for a judge to grant you a discharge of your debts. The judge will more than likely grant the discharge unless you lied or a mistake is found in the paperwork.
Note: You want your case to be discharged, not dismissed. They are not the same thing. Discharged means the bankruptcy forms were accepted and you are no longer obligated to pay back those certain debts, whereas, dismissed means the judge rejected your petition and you’ll have to try the process again if you deem it worthy.
Contact Skrupa Law at (402) 571-2900 (Omaha) or (402) 464-3311 (Lincoln) Today!
Skrupa Law knows that filing for bankruptcy can be a stressful time in your life. We would like to help take that stress off of you and get you back to being debt free with a clean slate. If you need guidance on your Chapter 7 filing or have any other questions regarding bankruptcy, we are the people to call. We have filed more bankruptcies successfully than any other firm in Nebraska. Contact us at (402) 571-2900 (Omaha) or (402) 464-3311 (Lincoln) today for a free consultation!