Thursday September 09 , 2010

Example of Section Blog layout (FAQ section)

Is there any guarantee of discharge?

Unfortunately, no one can ever guarantee that any given case will be granted a discharge.  This is in the complete discretion of the courts. Generally speaking, if everything is properly filed (this is our job!) and there are no objections, suspicions of fraud or other related issues, things go smoothly.  However, the ultimate decision does lie with the court, so it is out of our hands.
 

When will I receive my discharge?

In a Chapter 7 case, the earliest you could receive a discharge is 60 days after your meeting of creditors (341(a) hearing) because your creditors are given this amount of time to object.  It can take a few additional weeks or months after this period for the Bankruptcy Court to close your case and notify all parties of your discharge.  In all honesty, the Bankruptcy Courts have been quite backed up lately, so we have noticed that it can take an average of 3-5 months after the hearing to be discharged.
 

What is a discharge in bankruptcy?

A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts.  In other words, the debtor is no longer legally required to pay any debts that are discharged.  The discharge is a permanent order prohibiting the creditors from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls or letters.
   

Is there anything else I need to do after I attend my 341(a) hearing?

YES!  You will only receive a discharge if you have (1) taken a Financial Management Course AND (2) the Certificate of Completion and B23 form is filed with the court.  These documents will be filed by your attorney.   However, it is your responsibility to take the course and provide your attorney with the certificate before the deadline.  If you ordered the complete package at your consultation, this cost of this class has been included in the fees you paid and you can simply log-in and take the class soon after your hearing.
 

During my 341(a) hearing, the Trustee wanted some additional documents and/or changes to be made to my bankruptcy petition – what do I do now?

Generally speaking, there is no need to be alarmed as these requests occur quite frequently.  While we work diligently to ensure we submit all necessary forms and documents, the Trustee has a lot of discretion to request additional information and or adjustments.  If there is anything that the Trustee requested at your hearing, your attorney will contact you and either submit the requested documents or make the appropriate amendments.  Amendments cost an additional $150.  Remember, it is your responsibility to get any additionally requested paperwork to your attorney or else risk having your case be dismissed without discharge.
   

Page 4 of 12

Main Menu

From The Desk Of Mr. Hyde

ImageOur Law Firm Is
Dedicated To Helping You

“If you are being abused by a debt collector, if you have been sued on a credit card debt, if a credit repair agency has taken money from you but done little, or if you have another consumer related issue, you need a law firm dedicated to consumer rights. That is what we do at Hyde & Swigart.  Call Us Today at (619) 233-7770 for a free consultation.”

From The Desk Of Mr. Swigart

ImageOur Firm Is Here To
Solve Your Problems

"That is why we don’t charge you to discuss your case.  If you have been treated unfairly by debt collectors, sued, or alike, you need not fear calling us.  We will listen to you, tell you if you have a case, and give you some options - all at no charge.  If you feel your rights are being violated, I urge you to call us today at (619) 233-7770 for a free consultation.”