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When
making financial decisions during the process, you should
consult your attorney. In particular there are three items
worth mentioning. Under bankruptcy law, certain luxury
purchases over $1,000 within 60 days of the bankruptcy
filing are presumed nondischargeable. Under bankruptcy
law, cash advances aggregating $1,000 within 60 days of
the bankruptcy filing are presumed nondischargeable.
Debts
involving materially false financial statements are nondischargeable
under certain circumstances. If you file the bankruptcy
yourself, you must fill out the forms. There are several
forms. There could be between 30 and 60 pages in your
petition, schedule and other papers filed at the time
of your bankruptcy.
You
must follow the local and federal bankruptcy court rules
in completing the forms. Preparing these forms requires
an understanding of both bankruptcy law and local state
law in order to enter the information correctly and accurately.
The forms have to be typed and a certain number of copies
must be included with the filing. Today, most attorneys
use a computer system to prepare these forms because of
there complexity and voluminous nature.
About
30 to 40 days after you file the bankruptcy you will have
to attend a hearing presided over by the bankruptcy trustee.
This hearing is called the First Meeting of Creditors.
At this hearing the trustee will ask questions under oath
regarding the content of your bankruptcy papers, assets,
debts and other matters. After the trustee is done, your
creditors will be permitted to question you. Do not worry,
your attorney will be there to represent you and your
attorney will help you prepare for the hearing.
Sometimes,
after your hearing is over, various creditors will approach
you to discuss the status of secured property or the your
desire to retain a credit card. Your attorney will negotiate
with them, with your knowledge and approval. After this
hearing you will normally not need to return to court.
However, if a creditor files a motion or an adversary
action, most likely you will have to return to court.
This is the exception and only your attorney can determine
if this is likely to happen.
Under
normal circumstances, the bankruptcy court will automatically
issue the discharge 60 to 75 days after the First Meeting
of Creditors. You can reestablish credit though and be
back in "A" credit two years after the discharge
of Bankruptcy. The bankruptcy is a judgment and will be
listed for a period of up to 10 years after the discharge.
You
must wait 6 years to file again or if your bankruptcy
was dismissed you must usually wait for 180 days to re-file.
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