Completing the Bankruptcy Process – What to Expect – Wimgo

Completing the Bankruptcy Process – What to Expect

When I first started considering bankruptcy two years ago, I felt like I was in a dense fog. Between the mountains of debt, harassing creditor calls, and looming threat of foreclosure on my home, I could barely see six inches in front of my face. I had no idea how to even begin tackling my financial crisis.

Bankruptcy felt like a last resort – but also my only real chance for a fresh start. Still, heading into it I had more questions than answers: How do I find the right bankruptcy lawyer? What is the process from start to finish? What should I expect at the meeting of creditors? Will I get to keep my car and house? 

As someone who has now made it through the entire bankruptcy process, from those first panicked phone calls to attorneys to finally receiving my discharge papers in the mail, I want to provide a detailed roadmap. Consider this your guide to navigating every twist and turn of bankruptcy, from someone who has walked the same winding path.

While every bankruptcy case has unique details, you’ll likely face many of the same hurdles I did. I hope my first-hand experience gives you the insight and courage to take the next steps, knowing more of what to expect down the road. It may feel dark and uncertain now, but there are brighter days ahead.

Choosing the Right Bankruptcy Attorney: My Tips for Finding Someone You Can Trust

The right lawyer makes all the difference in bankruptcy. They will be your guide through this process – you need someone experienced yet compassionate, affordable but not cheap. 

I made the mistake at first of going with a high-volume bankruptcy mill. They hardly had time to look at my case and just wanted the quickest payout. Don’t repeat my blunder – take time to research local attorneys.

Look for lawyers who specialize in bankruptcy and have 5+ years under their belt. Check client reviews and ask upfront how much direct access you’ll get vs. paralegals or assistants. Meet with 2-3 options to get a feel – it’s like a first date, go with your gut!

Cost was a big factor for me, as it is for most filing bankruptcy. Many lawyers offer free consultations, so take advantage to explain your situation and get price estimates. Chapter 7 is generally $1,500-$3,000, while Chapter 13 runs $3,000-$5,000 on average.

Don’t just choose the cheapest attorney; make sure you feel confident they will fight for the best outcome. But also don’t break the bank – you need to save resources right now. Find the right balance.

I ultimately chose my attorney because, even during our free consultation, I felt she really listened and cared. She answered my endless questions patiently and knew the nuances that mattered. It was a leap of faith, but I knew I could trust her. Follow your instincts as you search – you need someone in your corner.

Pre-Filing Prep Work: Getting Your Ducks in a Row

Once you’ve selected your attorney, you can now get into the actual preparation for filing bankruptcy. Don’t expect to walk into their office and instantly sign the papers – there are important steps that come first.

One of the biggest is completing credit counseling, which is mandatory before you can file. This consists of a 1-2 hour phone or online class reviewing your budget and discussing bankruptcy alternatives. I found this very useful in organizing my finances.

Your attorney will provide a detailed checklist of the paperwork needed too, which was a thick three-page packet in my case. This included recent tax returns, pay stubs, mortgage statements, vehicle records, retirement account info, utility bills – you name it. 

Gathering all this was tedious, but essential to filing a complete and accurate petition. Make copies of everything. The more upfront work you do, the smoother it will be later.

You’ll also need to immediately stop using credit cards and taking on new debt as you prepare to file. This was hard – I was relying on plastic just to pay for groceries. But it’s a must to avoid complications. Live frugally leading up to your filing date.

It easily took me a month to get my ducks in a row. You want to be fully prepared heading into the actual bankruptcy petition – once submitted, your clock starts ticking.

Filing the Petition: Handing My Financial Life Over on Paper

After what seemed like endless prep, I was finally ready to file the bankruptcy petition and schedules. This is done by submitting a huge stack of forms to the court, detailing every aspect of your financial life. 

I had to disclose all sources of income, assets, liabilities, contracts, expenditures – no stone is left unturned. It felt scary and almost shameful putting it all down on paper. But it also provided relief to get the full truth out there.

In total I had over 80 pages of schedules, affidavits, statements and more that went with my Chapter 7 petition. My attorney helped prepare all of this – I just had to review carefully and sign. Don’t gloss over anything, even if embarrassing.

They will also collect your filing fee at this point, which was over $300 for me. There are limited fee waivers for very low income filers. The court provides payment plans if needed.

Once submitted, I felt the weight lift. My bankruptcy was now officially underway and that safety net was in place. For the first time in years, I could breathe, even if just for a moment.

The Dreaded Meeting of Creditors: My Day in the Hot Seat  

The next several weeks moved painstakingly slow as I waited for the meeting of creditors. This court hearing with the bankruptcy trustee scared me more than anything. I pictured a harsh interrogation, with creditors attacking from all sides.

Reality ended up much tamer. It took place in a bland conference room at the courthouse, just me and eight other debtors. The trustee was polite and straightforward.

When my turn came, I was sworn under oath by the trustee. He had my entire petition in front of him and simply went through confirming each schedule was accurate. “This lists your only car? This is your current address? You haven’t taken on new debt?”

I answered honestly. He thanked me and it was done in 10 minutes. I walked out feeling relieved it went smoothly. Don’t build it up to be some terrifying ordeal – just stick to the facts.

Of course, every case varies. Be ready to provide added detail if asked or to clarify areas of confusion. If issues do come up, your attorney can help resolve them appropriately.

Overall, the creditors meeting removed my fears and let me move forward. Be honest and you’ll get through it. 

Mandatory Financial Training: My Surprisingly Helpful Class

Before I could receive my discharge, there was one more hoop to jump through – a required debtor education course. I had to complete this within 60 days of my creditors meeting.

After all I’d been through, taking a silly financial class seemed pointless. But I found myself truly engaged – it provided useful money management tools I never learned before.

We reviewed budgeting, saving, fixing credit, and more. They provide counseling both online, by phone and in-person classroom settings. I chose an interactive Zoom-style course.

Some tips really stuck with me: Pay needs first, wants second. Start an emergency fund. Pay down highest interest debt first. Review credit reports frequently. Small steps add up.

Finishing the course gave me a certificate to file with court showing I had gained essential financial skills. This demonstrated my good faith effort to the judge before discharge.

If you approach it with an open mind, the class can be quite valuable in setting you up to rebuild. I still refer to my course materials. It’s an investment in your future self.

Battling Objections from Creditors: Be Ready to Fight Back

A major curveball hit about a month after my creditors meeting – one of my credit card companies filed an objection to discharge. This caught me off guard.

They claimed I had made luxury purchases right before filing bankruptcy with intention to game the system. This wasn’t true, but they can make things difficult if motivated.

My attorney sprang into action with a strong letter disputing their allegations. We ended up having to negotiate a settlement on that account to get them to back down. It delayed my case by two months.

Bumps like this happen, especially when large sums are involved. Have your lawyer’s back and be ready to push back. Thankfully the law protects debtors from most harassment.

In the end, picking those fights was worth it to defend my right to a fresh start. We got the objection withdrawn and I received my full discharge not long after. Don’t let them scare you off!

The Long Road of Chapter 13: My Experience with Repayment Plans

For those who enter Chapter 13 bankruptcy instead of Chapter 7, completing your 3-5 year repayment plan is the biggest milestone. This comes with making consistent monthly payments to creditors through the trustee. 

I can only speak from watching my sister’s Chapter 13 case, but I saw first-hand the dedication it requires. Keeping up with the plan, while juggling life’s other expenses, demanded constant discipline from her.

Staying employed with steady income is vital throughout the repayment term. She put in extra overtime when possible to get ahead. Any financial changes must be reported to the trustee as they could impact the plan.

After a few bumps, she completed her 60-month plan. The reward is finally receiving that discharge order, eliminating remaining unsecured debts forever. Chapter 13 requires fighting through more pain, but the victory is sweet.

Either path takes persistence and sacrifice. If you can withstand a drawn-out repayment plan, Chapter 13 allows you to catch up on priority debts in a structured way. The finish line makes it worthwhile.

Discharge Day – My Ticket to a Fresh Start 

Words can’t describe the elation I felt when that discharge order arrived in the mail. I immediately framed it and hung it on my wall. It was my badge of honor, my redemption.

The paper itself was anti-climactic – just a form letter from the court saying my debts were now wiped out. But what it represented meant everything to me and my family.

Discharge provides the clean slate to rebuild your financial life after bankruptcy. Your unsecured debts are legally erased. The phone calls stop. The letters stop. It’s just you and a wide open future.

Bask in this moment when it arrives. You earned it through hard work and perseverance. At the same time, remember discharge is not the end of the journey – it’s just the beginning.

Use your fresh start wisely. Continue practicing good money habits. Repair your credit carefully. Get help if old problems resurface. Don’t squander this gift. Let your bankruptcy be your rebirth.

Conclusion: There are Brighter Days Ahead

Completing my bankruptcy was a long, draining marathon filled with twists and turns. The finished discharge order made every obstacle in my path worthwhile.

Stepping into the unknown is always scary. If you’re weighing bankruptcy, I hope my first-hand account eases your mind. The process has structure to guide you. Others have walked this road before you.

With the right attorney, spirit, and understanding, you can navigate each stage of bankruptcy successfully. There will be challenges, but also great relief and empowerment. 

Your financial crisis likely feels crushing and hopeless now. Take the first step anyway. Let bankruptcy lift that burden so you can walk tall again. Brighter days lie ahead.