A Phoenix Bankruptcy Lawyer Explains What to Expect of the Bankruptcy Process- Part 2

Step 3: Filing your case and the Automatic Stay

Any experienced and conscientious Phoenix bankruptcy lawyer will tell you that timing is one of the most important aspects of a bankruptcy filing. The day of filing is chosen carefully to limit the funds that your bankruptcy Trustee can take for your creditors. Once filed, a debtor is given a case number, a Trustee who is appointed by the Department of Justice is assigned, a hearing date is set and most importantly, an automatic stay comes into play. The automatic stay prevents any of your creditors from attempting to collect from you via garnishment, bank account levy, repossession or foreclosure.

Step 4: The Hearing

The United States Bankruptcy Code requires that a debtor appear in front of the Trustee to answer questions about their case while under oath.  Your Phoenix bankruptcy lawyer will meet you before the hearing and appear with you in front of the Trustee. The hard work and attention to detail by your experienced Phoenix bankruptcy lawyer will make the hearing smooth and quick.  The typical questions asked by the Trustee may include:

  1.  Have you lived in Arizona for the two years before filing of your case?
  2. Are you expecting an inheritance?
  3. Did you assist your attorney in drafting your petition?
  4. Is it accurate to the best of your knowledge?
  5. Did you sign your petition?
  6. Did you list all of your assets?
  7. Did you list all of your debts?
  8. Are you expecting an inheritance?
  9. Do you have any personal injury lawsuits?
  10. Have you filed all of your required tax returns?

The decision to file bankruptcy is never an easy one but the experienced Phoenix bankruptcy lawyers at Kamper & Simmons will guide you on the path to your financial fresh start.  Call us now for your free consultation  at 602-277-5625.