Howard S. Goodman, Bankruptcy Attorneys
Debtors must qualify to file for this type of bankruptcy. The qualification is calculated using an 8 page government formula to determine whether debtors are above or below the median income for their State and County of residence.
Prior to filing the Chapter 7 Bankruptcy, debtors must complete a credit counseling class and obtain a certificate of completion which is filed with the Chapter 7 Bankruptcy Petition. A second credit counselling call must be completed post-filing, as well.
Once the Petition is prepared it is electronically filed with the U.S. Bankruptcy Court. This is Federal Court not State Court.
The chapter 13 process is administered by the Chapter 13 Trustee. As with a chapter 7 bankruptcy, a bankruptcy petition will need to be prepared along with a chapter 13 plan .You will need to appear in person before the Chapter 13 Trustee at a Meeting of Creditors which is generally scheduled about 30 days after your case is filed. Federal law requires that you attend the meeting and that you be sworn to tell the truth. The Trustee will have questions for you regarding the information in you Chapter 13 Bankruptcy Petition, your ability to make payments, changes that may have occurred since your case was file. Your creditors also have the right to appear and ask you questions while you are under oath.
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