A Chapter 7 Bankruptcy is what most people think of when they hear the word bankruptcy. In a chapter 7 bankruptcy, all of your dischargeable debts are wiped out. In most cases that we file, the debtor does not lose any of their possessions.
The Supreme Court of the United States stated:
“bankruptcy (was) designed to relieve the honest debtor from the weight of indebtedness which has become oppressive and to permit him to have a fresh start in … life, freed from the obligation and responsibilities which may have resulted from … misfortunes.”
This “fresh start” allows hundreds of thousands of Americans to live without the fear and anxiety of living paycheck to paycheck. Please read the information below. If you have questions please look at the Chapter 7 FAQ.
At Robert A. Higgins & Associates, P. C., the process generally follows the following course:
At this meeting, your financial situation is examined. Many if not all of the options available debtors are presented at this meeting. If it is agreed that a Chapter 7 bankruptcy is most appropriate, you retain Robert A. Higgins & Associates, P.C. as your legal representation in this matter. In addition, you will be given paper work to fill out and a list of documents needed for this process, (such as tax returns, pay stubs, etc.).
The next meeting occurs, in most cases, within a week of the initial consultation. At this meeting, we go over your paper work with you to ensure that we have all of the necessary information.
This meeting is the last step toward filing. You will review all of the documents and sign the petition. This is the document that will then be filed with the court.
After the signing meeting, we will file your case and notice all of your creditors. Getting to this point will usually take between two days and several weeks, depending on the urgency of your case and your work schedule.
Roughly 30-50 days after we file your case, there is a meeting called the 341 meeting or meeting of creditors. This meeting will take place in room 521 of the Federal Court House which is located down town at: 501 West 10th, Fort Worth, TX 76102.
You will receive your discharge about two to three months after the 341 meeting. This is the last step in the bankruptcy process. At that point, you do not owe any of the unsecured creditors that were discharged in the Chapter 7 bankruptcy.