Our Bankruptcy Filing Process
Bankruptcy can be a complicated process, but the experienced Atlanta bankruptcy lawyers at Clark & Washington, P.C. will make this difficult time as hassle-free as possible for you and your family. We understand what you’re going through, and want to help however we can.
In most Atlanta bankruptcy cases, the sequence of events is generally the same. What sets Clark & Washington, P.C. apart from other bankruptcy attorneys in Atlanta is our commitment to communication.
Our process is finely tuned to insure that you not only have all the information you need before filing, but that you are involved and comfortable every step of the way. No more waiting around to hear from your attorney or spending countless hours trying to get updates on the status of your case. At Clark & Washington, P.C., you will have complete access to an Atlanta bankruptcy lawyer who will provide a prompt and thorough answer to any question you may have.
At Clark & Washington, P.C. our process is as follows:
- Attend a free Atlanta bankruptcy consultation. At this FREE, no-obligation consultation you will meet with an Atlanta bankruptcy lawyer to discuss your current financial situation. This is your time to speak openly with an attorney and have your questions answered, with no pressure or need for payment. The experienced Atlanta bankruptcy lawyer will counsel you on which chapter (13 or 7) is the best option for you. If the attorney feels it is not the best time for you to file or that you shouldn’t file at all, he or she will provide you with additional options.
- Atlanta Bankruptcy cases begin with a petition. The petition is a complex document that includes a characterization of your debts. Your Clark & Washington, P.C. Atlanta bankruptcy attorney will file this petition on your behalf under either Chapter 13 or Chapter 7 based on information you have supplied.
- An “automatic stay” is imposed when you file for bankruptcy. This stay, mandated by the federal court, will prevent your creditors from taking any action to collect debts from you. The court will send out a notice of filing and notice of stay to your creditors, putting an end to harassing phone calls and letters. This stay can go into effect anywhere from immediately to about a month after you file.
- Four to six weeks after filing, you will attend a meeting of creditors. The Atlanta Bankruptcy Trustee assigned to your case chairs this meeting. Unless your case is deemed unusual, this meeting is typically brief, and the trustee will simply ask you a few questions. Credit card providers may also attend these meetings.
- If the meeting is uneventful (meaning the terms have been satisfied), one of two things will happen:
- If you’ve filed under Chapter 13: you and your Atlanta bankruptcy lawyer will have discussed a payment plan and you will receive a Notice of Confirmation of the plan in about six weeks and begin making payments.
- If you’ve filed under Chapter 7: you will receive a notice of discharge in about six weeks.
At Clark & Washington, P.C., we understand that your individual needs and circumstances will make your Atlanta bankruptcy case unique. We give each case the dedicated time and attention it deserves, and for this reason, there is not a simple answer as to how long the entire process can take. It can be as short as three months or as long as several years.
This information should not be used in place of an actual attorney consultation. Contact Clark & Washington, P.C. today online or by phone at 770-488-9302 for your free, no obligation consultation with an Atlanta bankruptcy attorney.
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