Filing for Bankruptcy
Filing for Bankruptcy in Queens, NY
You have reviewed your options for dealing with debt, preferably with the help of a Queens bankruptcy lawyer. You have looked at all the alternatives, and you have made the decision to file for bankruptcy and take control of your financial future. Now what? Here are the steps to take when filing for bankruptcy in Queens.
1) Take the Means Test
The Means Test is required before filing in order to determine what kind of bankruptcy you qualify for. By determining how much disposable income you have to repay your debt, the means test can show you whether you are eligible for Chapter 7 or Chapter 13 bankruptcy.
2) Take the Credit Counseling Course
Credit counseling is a required step in the bankruptcy process; you will need to take a class from an FTC-approved organization before filing for bankruptcy. The class can be taken in person, over the phone, or online, and is available in many languages. Once you complete the class you will get a certificate of completion.
3) File Your Bankruptcy Petition
Once you know what type of bankruptcy you qualify for, you can file a petition with the court with the help of a bankruptcy attorney in Queens. The petition commences your bankruptcy case, and invokes an “automatic stay”. An automatic stay stops foreclosures, repossessions, debt collection activities, evictions, and other legal processes. To file a petition, you will need the following information:
- 60 Days of Paycheck Stubs and/or a List of your Income Sources
- 6 Months Bank Account Statements (for Chapter 13 filings)
- 2 years Income Tax Returns
- Car Titles and/or Leasing Agreements
- Mortgage and Deeds for Property and/or Property Appraisal
- Insurance Policy Information
- Copies of Foreclosure, Lawsuit, and/or Liens Filed Against You
- Information About Your Creditors
If you have any questions about the documents you need in order to file, a bankruptcy attorney in Queens can help you. Contact the Law Offices of Bruce Feinstein, Esq. today to help start the bankruptcy process and stop creditor calls.
4) Go to Your 341 Hearing
A 341 hearing is a meeting between you, your bankruptcy trustee and your creditors that usually occurs within a month of filing your bankruptcy petition. This is the time for your trustee and your creditors to ask questions about your bankruptcy case. It is also an opportunity for your trustee to make sure your paperwork is correct and everything is in order for your case to move forward. This hearing is not meant to be a hardship on you; your creditors may not even show for the meeting. But there will be some complicated questions and administrative work, so it’s best to go through this hearing with your bankruptcy attorney.
5) Take the Debtor Education Course
You must complete a debtor education course after you file your bankruptcy petition; it is required before you can have your debt discharged. This is different from a credit counseling course – it is a short personal financial management class focused on helping you efficiently manage your money. The class can be taken in person, over the phone, or online. Once you complete the class you will get a certificate of completion.
6) Receive Your Bankruptcy Discharge
A discharge of bankruptcy officially releases you from liability for certain debts. You will no longer be responsible for paying these debts, and creditors are prohibited from taking action against you for payment.
Queens Bankruptcy Lawyer
When filing for bankruptcy, you need a law firm that will defend your rights and make sure you keep as much of your assets as you can while repaying your debt. Bruce Feinstein and his legal team have successfully taken on thousands of cases over 25 years, and they have proven time and again that they can help clients during this difficult period in their lives. Bankruptcy is not an easy choice, but it can help you gain control of your life if you find you can no longer pay your bills.