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Phases of the Bankruptcy Filing Process, Part 1

At Utah Bankruptcy, we’re happy to serve as your comprehensive bankruptcy attorneys for Chapter 7 and Chapter 13 bankruptcy filings. From basic financial counseling to assistance with numerous bankruptcy filing forms, negotiating with creditors and numerous areas in between, we’ve assisted a huge range of clients with properly executing their bankruptcy filings and subsequent recovery efforts.

For the majority of bankruptcy filers, this is their first time in this position. We’re often asked general questions about the bankruptcy process – how long it will take, the elements involved and what you should be prepared for if you’re filing for bankruptcy. This two-part blog series will go over every detail you should know about the general stages of a bankruptcy filing so you’re clear on how this process will work moving forward.

General Length of Process

The single most common question we get in this realm is simple: How long will bankruptcy filing and the entire process take? And while the answer here will vary depending on your precise circumstances, most Chapter 7 or Chapter 13 filings tend to last between three and four months. Chapter 13 bankruptcies will generally include the payment of debts over several years after filing, but for the purposes of filing and confirming the basic parts of the process, the two are pretty similar.

Our next several sections will go over the basic stages of bankruptcy filing.

Counseling

Before making a bankruptcy filing, you will be required to meet with a credit counselor to go over the basics of your financial situation and the potential of filing for bankruptcy in the near future. This is a meeting that will last a couple hours in most cases, and will go over a full picture of your finances.

From here, you will be able to discuss the various options available to you, and whether bankruptcy is the best choice. If so, you can start a personal budget. We’re happy to recommend high-quality, government-approved credit counselors for those in need.

Filing Bankruptcy Petition

If you decide to move forward with your bankruptcy filing, the next stage is often the most complex one. It involves filing the bankruptcy petition, which is a detailed document that digs into all your outstanding debt and uses a specific format to determine your bankruptcy qualifications. This document will usually be crafted by your bankruptcy attorney with your input, and then will be formally filed with the court. Once this filing is made, you have officially started the clock on your bankruptcy filing and will move forward from here.

For more on the stages of the bankruptcy process and how to prepare yourself for them, or to learn about any of our bankruptcy attorney services, speak to the staff at Utah Bankruptcy today.