10 THINGS YOU NEED TO KNOW ABOUT CHAPTER 7
- It is required that you have filed all of your tax returns prior to filing your bankruptcy case.
- You must identify all deposits in your bank accounts for the past 7 months.
- You are required to produce a statement from your bank that shows the balance(s) on the date of filing your case. If you have online access to your bank accounts you may print those statements off during your signing appointment.
- If you become entitled to inheritance within 180 days from filing your Chapter 7 case you must notify your attorney and the Chapter 7 Trustee.
- You must disclose ALL debts, including money owed to family members. If you have repaid a family member at all in the past 12 months you must report this to your attorney as soon as possible. If you are considering repaying a family member you must first discuss with your attorney!!!
- Co-signers and child support / alimony recipients are required by law to be notified of your bankruptcy filing.
- If your case is filed between October and May you should ask your attorney how your tax refund may be affected by filing.
- You are required to attend one hearing after you file. Your hearing is typically 21-40 days after the case has been filed.
- Secured debts may be reaffirmed through Chapter 7. This means that certain loans, i.e. mortgages and vehicle loans, may be kept after bankruptcy if you wish to retain the property and continue making your contractual payments.
- In order to stop collection efforts, lawsuits, wage garnishments, etc., you must file a case – just paying your retainer is not enough! Your attorney is required to produce certain documents when your case is filed so it is important that you assist in the gathering of legal documents, complete your credit counseling course, and pay all legal fees in full in order to file and stop your creditors in their tracks.
© Wesley H. Bain, Attorney at Law