The Bankruptcy process seems complicated but it can be made simple


1. Evaluate your situation. You need to decide if you have too many debts and you are not able to pay your bills. If you find your self in this situation you are probably receiving phone calls from bill collectors and people could be coming to your house to serve you court papers in an attempt to garnish you. This is a very stressful time in your life. No one does not like to pay their bills.  You may want to take a step back and think if you are ever going to be able to pay everyone back the money they are owed. If you come to the conclusion that you can not do this any more it may be time to seriously consider bankruptcy call the Ogden Utah Bankruptcy Attorney Paul Benson.

2.Find a bankruptcy attorney. To find a bankruptcy Attorney seems like a large task. No one really wants to talk to an attorney but you may find your self in a position to be looking for one. The best way to find a good bankruptcy Attorney is to maybe get a referral from a friend or from another attorney. Maybe you would get online or look one up in the phone book. It is a good idea to find one that does a lot of bankruptcies since this area of law is one of the more complex ones then you will know you have an experienced bankruptcy attorney one who knows what they are doing. Make sure you pick one that is affordable and one you are comfortable with.

3. Initial Consultation. At the initial consultation of the bankruptcy this is where you would go to the Bankruptcy Attorneys office and meet with him and his staff. You will get a chance to ask any question you want to about bankruptcies to see if it is a good fit for you and your family. You will also go over the bankruptcy information sheet and fees and costs of doing the bankruptcy.  At the initial Consultations at my office we will also go over what information  will be needed from you to complete a bankruptcy. The basic information that is needed for each bankruptcy is a list of your creditors a credit report is a good idea, six months of pay-stubs, the last two years of your taxes, and a completed bankruptcy education certificate.

4. Go home and gather the information. This is were you go home and gather up all of your information. If you have lost a pay-stubs here and there it would be a good idea to ask your employer for a summery of your pay roll. If you have misplaced your taxes you could get a tax transcript from the IRS office. You can pull a credit report from  . To complete the bankruptcy education my favorite provider is this website called if you put my attorney code in there registration page 619483 they will send me a copy of your certificate when you complete the class. To save up for the file fees I have had it told to me “stop paying the bills you are going to file on and use the money to pay the bankruptcy attorney.” I like that idea.

5. Return to the Bankruptcy Attorneys office. I am sure he will be happy to see you again I know I love seeing my clients again. At this appointment this is were you give every thing that they have asked for. After you have given him your stuff he and his staff can now work their magic on the file and put the bankruptcy together.

6.Return again to the Bankruptcy attorneys office to see what they have done with your stuff. At this meeting this is where I go over everything to make sure it is accurate before we file the case. A typical bankruptcy would have 40 to 60 pages that need to be reviewed for their accuracy.  When it is determined all the documents are true and complete the case will be filed.

7. After the case is filed we wait until we receive the 341 meeting notice. This notice will tell us when and where the meeting is. At this meeting this is where the bankruptcy trustee goes over the paper work that was filed to make sure it is accurate. The bankruptcy trustee will also ask you questions about your assets. They will also ask you other questions about your life and your financial situation. The trustee is not trying to trick you and you will know the answers since it will be questions about your life.

If you filed a chapter 13 bankruptcy their will be one other hearing that is scheduled this one is called the confirmation hearing at this meeting this is where the Bankruptcy Judge reviews you chapter 13 plan to make sure it is sufficient enough to pay the people who are supposed to get paid. If it looks good to all who have an interest in it the Bankruptcy Judge will let it go through.  To get a bankruptcy plan confirmed can often times take a few months before everyone will approve the plan.

8. Before you get your bankruptcy discharge you need to complete the financial management class. This class is found at the same place you took the first class it is another online class.

9. Next we wait for the discharge.  If you filled a chapter 7 bankruptcy the discharge will come in 60 days from when we file. If you filled a chapter 13 bankruptcy the bankruptcy discharge will come 3 to 5 years when you have completed the payments under the bankruptcy plan.