Ask A Lawyer: How Does A Bankruptcy Begin?

Denvil Crowe's picture

Do you have a question about bankruptcy? Bankruptcy is a complicated process and requires the assistance of someone with the background and experience to answer any related question. Denvil Crowe has the background and the experience to answer these tough and complicated questions. One of the most common questions posed by clients and prospective bankruptcy debtors is "How do I simply start bankruptcy?"

Bankruptcy begins with the filing of a bankruptcy petition in U.S. Bankruptcy Court. The petition contains your name, address, your lawyer's name, your lawyer's address, the chapter under which you're filing the bankruptcy case (typically 7,11, or 13), and basic statistical information about your debts. There is also a separate, confidential filing of your social security number which is not available as part of your public bankruptcy record. However, before a bankruptcy petition may be filed, all debtors must take a credit counseling course.     

Once a credit counseling course is taken and completed, the petition may be filed. The minute that this occurs and a case number is assigned, the automatic stay takes effect. This is an important protection provided by federal bankruptcy law in that it acts as a cease and desist order to all of your creditors' collection efforts, with some exceptions.

Bankruptcy is a process and not a simple act. If your financial situation requires the filing of a bankruptcy case under Chapter 7 or 13, an experienced and qualified bankruptcy attorney can help you accurately review and carefully consider your options. An experienced and qualified bankruptcy attorney can help you throughout the entire lifespan of a bankruptcy case. Call 800-429-HELP (4357), email us at or check us out online today!

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