What Happens In Bankruptcy
The following things happen when you file bankruptcy.
Lawyer prepares bankruptcy schedules. We prepare your schedules based on the information you provide to us. It is absolutely critical that you provide complete information because I cannot advise you about something unless you tell me about it.
Sign schedules. You must review the schedules before you sign them to insure that everything is correct. I will answer any legal questions about the schedules. The schedules cannot be filed until you sign them.
Lawyer files case. We will notify you when we file your case, and we will give you your case number.
If bill collectors call you after we file the case, they will want to know three things: (1) the case number, (2) date of filing and (3) that the case was filed in the Southern District of Texas. Most bill collectors are obnoxious, but they understand that bankruptcy means they cannot bother you. Likewise, they know you really filed your case if you give them the case number, date and tell them it was filed in the Southern District of Texas.
You need to make the regular payments on your house, car or other secured property. If you do not make the payments on time, the creditor may file a motion to lift the automatic stay and the court will require you to pay the creditor's attorneys fees in addition to the payments. Likewise, our fee contract provides that I charge extra for motions to lift the automatic stay. In short, bad things happen if you don't make these payments.
Notice of creditors meeting. You will receive a notice from the court giving the date and time of your creditors meeting. The debtor, both husband and wife for a couple, must attend this meeting. I will be with you at the meeting.
Reaffirmation agreements . You can expect to receive requests for reaffirmation agreements before the creditors meeting. I will advise you whether to sign any such agreement.
Creditors meeting. The meeting will be held in the office of the U.S. Trustee. I will meet you in the waiting room. Please plan to arrive at least fifteen minutes early. As part of my personal service to clients, I can arrange to give you a ride to the meeting. I suggest you take me up on this offer if you have trouble with stairs because parking can be inconvenient.
The U.S. Trustee's office is in the Bob Casey Federal Building at 515 Rusk, Suite 3516 (third floor). The Bob Casey Federal Building is a 12 story white stone building with square windows in downtown Houston on Rusk between Bagby and Smith. There is a flagpole by the front door on Rusk. You will need to go through the metal detector in the lobby and take the elevator to the third floor. Do not bring any weapons, nail clippers, scissors or other pointed metal objects. Do not bring a camera or cell phone that takes pictures.
You must bring your drivers license and social security card to the meeting. Contact me if you do not have a driver's license or social security card.
To get to the Federal Building:
From North of Downtown.
Take I45 toward downtown. Take the McKinney Street exit; this exit is on the left side of I45. Go two blocks to Louisiana. Turn left onto Louisiana. Go three blocks, and turn left at the intersection of Louisiana and Capitol. Go one block on Capitol, and you will be at the back of the Federal Building. You can park in the underground Theater District Parking next to the Federal Building; the entrance to Lot #5 is on the left side of Capitol just past the Federal Building. You will need $2.00 to $9.00 to park, depending on how long the meeting lasts.
From South of Downtown (Highway 59 or I45).
Take I45 toward downtown. If you are coming from Highway 59, follow the sign to I45 North to Dallas. Take the Houston Avenue/Memorial exit. This exit runs into a "Y"; bear right to Memorial. Turn right onto Memorial at the intersection. Memorial runs into Rusk; you will see the Federal Building straight ahead. You can park in the underground Theater District Parking next to the Federal Building; the entrance to Lot #1 is on the left and Lot #2 is on the right. You will need $2.00 to $9.00 to park, depending on how long the meeting lasts.
Notice of discharge. Three or four months after the creditors meeting, the court will mail you an order discharging your debt. Keep this order with your important personal papers to show you completed your bankruptcy. Creditors have until 60 days after the creditors meeting to object to your discharge; they can try to say that you should have to pay them because you intended to defraud them. This does not happen very often. I will contact you if anyone objects to your discharge. The case is closed after you receive your discharge.