What happens in court when you file bankruptcy




















The usual government-issued picture identification that is brought to the hearing is a drivers license or a non-drivers license. Military ID is also acceptable. We recommend against bringing passports even though they are acceptable because the trustee will look through the passport and ask how you were able to pay for any trips that the passport reveals.

You also must read a document called the Bankruptcy Information Sheet before you are questioned. Your attorney should give you a copy when you get to court. He will also ask you a series of questions to see if there are any assets that you may not have properly listed in your papers. This is not a prosecutorial type of questioning, but there are some things he must ask.

You must always tell the truth at this hearing, because not doing so could cause your case to be dismissed and could subject you to criminal penalties. If there is anything unusual in your case, your attorney will have gone over how to answer the questions with you. One thing you can do to help you answer the questions is to sit in the actual hearing room and listen to how the trustee questions other people because they usually ask the same questions of everyone.

Once the trustee has completed the questioning in your case he will often say that he is closing the meeting. This means that he is satisfied with your case and you do not have to come back for another hearing. Sometimes the trustee will instead adjourn your case. This can happen if he wants some documents from you or your attorney. When cases are adjourned, you usually do not have to go back, but you should make sure your second appearance is not required.

In most cases, the meeting is closed and there are no assets for the trustee to administer, and the trustee will file a no-asset report with the court. Unless there is some type of objection to your case, an extremely rare occurrence, you will be entitled to a discharge in 60 days.

When the 60 days are up, the court will issue a discharge, which will be mailed to you and all of your creditors. Remember, that in order to get your discharge there is one more counseling session that you must complete, which is like the counseling you did before you filed.

You may also engage a lawyer to act as your advocate and guide you through the complex process of what occurs if you file for bankruptcy. It may take a long time to get your debts erased or restructured in bankruptcy court. If you hire a lawyer, they will explain the timetable of your bankruptcy case to you. Bankruptcy may be a viable option when your debt surpasses your assets and capacity to repay your creditors.

There are many benefits and drawbacks to filing for bankruptcy debt relief. The following are some of the benefits of filing for bankruptcy:. In addition to ending harassing phone calls and other debt collection tactics, filing for bankruptcy relief has certain drawbacks that you should be aware of.

The following are some of the disadvantages of filing for bankruptcy:. Your lawyer can help you develop a plan to restructure, decrease, or eliminate your debt by taking a clear, objective, and thorough look at your financial position. We are honored to serve our customers in four major bankruptcy relief areas. Each type of bankruptcy, known as Chapters, has its own set of benefits and drawbacks. They do this primarily to make sure you're a good fit for the jobs—such as handling money—and that you're not financially stressed, which could increase the likelihood of theft or fraud.

If an employer simply runs a routine criminal background check, however, your bankruptcy won't show up. It's less likely that employers would conduct background checks on current employees.

So if you're not planning to switch jobs, you likely don't need to worry much about a bankruptcy affecting your employment. Keep Track of Your Credit During the Process Because declaring bankruptcy can affect your credit history and ability to do certain things in the future, it's important to monitor your credit scores during the process and as you work on recovering from the ordeal.

As you do so, watch how certain actions affect your credit scores and look out for potential errors and negative information that might influence your score negatively.

If you do find something that doesn't belong on your credit report, dispute it with the credit reporting agencies. As you keep track of your credit score during and after bankruptcy, you'll learn better how to improve it over time and keep it in a good place going forward. Want to instantly increase your credit score? Until now, those payments did not positively impact your score. This service is completely free and can boost your credit scores fast by using your own positive payment history.

It can also help those with poor or limited credit situations. Other services such as credit repair may cost you up to thousands and only help remove inaccuracies from your credit report. The purpose of this question submission tool is to provide general education on credit reporting. The Ask Experian team cannot respond to each question individually. However, if your question is of interest to a wide audience of consumers, the Experian team may include it in a future post and may also share responses in its social media outreach.

If you have a question, others likely have the same question, too. By sharing your questions and our answers, we can help others as well. Personal credit report disputes cannot be submitted through Ask Experian. To dispute information in your personal credit report, simply follow the instructions provided with it.

Your personal credit report includes appropriate contact information including a website address, toll-free telephone number and mailing address.

To submit a dispute online visit Experian's Dispute Center. The federal government extended forbearance of repayment of student loans during the COVID crisis. This forbearance was due to end Have you begun making your Christmas card list yet? Did you include your bankruptcy attorney in Tampa, Florida? It seems Business Bankruptcy News Personal Bankruptcy.

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