A Typical Chap 7 Bankruptcy Case
When you pick up the phone and call the office to schedule an initial appointment with Mr. Bolger, his friendly staff will ask some general questions about your finances to make sure you have a potential case. There is no fee charged for the first meeting. Mr. Bolger will quote a fee in your case at the initial consultation. Every case is different so fees vary from case to case. Some are as low as $1,000; others will be several times that. The fee depends upon the complexity of the case. When you decide to hire Mr. Bolger as your lawyer, you will enter into a contract with his law firm and make an initial payment. At that point in time, you are a client of Mr. Bolger’s, and he will begin working on your case immediately.
As soon as you hire Mr. Bolger, you can refer your creditors to him if they are attempting to collect money from you. Under federal law (the "Fair Debt Collections Practices Act"), your debt collectors must stop contacting you once you inform them you have a lawyer representing you. Mr. Bolger will advise you about which of your debts you should stop paying, and which ones you should continue paying.
When you leave your first appointment, you will have three steps to take in order to file your case. The timetable to finish the three steps is flexible; it is very much up to you. Mr. Bolger will give you time to finish the three steps. When you have completed them, he will promptly file your case. In emergency cases, such as foreclosures and garnishments, one of the three steps can be postponed in order to file immediately.
The three steps you need to complete to file your case are:
- You must take a credit counseling class. The class is available on the internet or telephone.
- You must complete paperwork. Please note that Mr. Bolger has streamlined this part of the process for people who hate doing paperwork!
- You must be current on your payment schedule if you are paying your fees over time.
Once the three steps are completed, your case will be filed. Approximately 30 days later, you will attend a public hearing at which Mr. Bolger will represent you. It is important to have an experienced attorney by your side at the hearing. The more time spent preparing your petition and planning for your hearing, the less likelihood there will be any "surprises" which upset you. The hearing is the most stressful part of the process for most clients.
At the hearing, you will be examined under oath about your assets. You may be examined about anything contained in your petition, such as your income and monthly expenses. Creditors have the opportunity to examine you at the hearing. The primary object of the examination is to determine what assets you own, whether your petition is filed under the correct chapter of the bankruptcy code, or whether it may be considered an abuse of the bankruptcy law. For example, do you earn enough income to be a Chapter 13 debtor, rather than a Chapter 7 debtor? If so, the U.S. Trustee’s Office may object to your petition. Mr. Bolger is skilled at anticipating such issues before they occur, which again helps to minimize the possibility of "surprises" at the hearing.
After the hearing, you must take a second class, also available on the internet or telephone. In a routine Ch. 7 case, after you take the second class, you have finished most of your obligations in the case. You must wait 60 days after your hearing to see if any objections are filed. After 60 days, the court will enter a discharge order. The Bolger Law Firm will then send you a letter concluding their representation and advising you of post-bankruptcy actions to help you start over again. You are then able to live your life free of the stress and anxiety of having more debt than you can manage.