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Pittsburgh, PA 15219
412-391-8000
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Questions and Answers on Filing
Bankruptcy papers called schedules are filed with the United States Bankruptcy Court to start a bankruptcy case. The court filing fee is $299.00 for a Chapter 7 (click here for an explnation of a Chapter 7), $274.00 for a Chapter 13 (click here for an explnation of a Chapter 13) and $1039 for a Chapter 11 (click here for an explnation of a Chapter 11). Q. What actually happens when I file bankruptcy? When the bankruptcy papers are filed, all collection activity on the debts must cease; this means that creditors are no longer able to phone, write, or come to your door. Under certain limited circumstances, however, a creditors may be able to petition the court to resume collection activities. This is generally only on debts that would not be discharged in the bankruptcy, or debts that are secured by property that has little or no equity. Q. Do I need an attorney to file bankruptcy? No. However, bankruptcy (especially under the newer laws since 2005) is subject to many different types of laws and rules that an experienced practitioner will know. In addition, there are always differences from court to court, from trustee to trustee, and from judge to judge. An experienced bankruptcy practitioner can be a lifesaver. Q. Why should I use Steidl and Steinberg to file my bankruptcy? Ken Steidl and Kenny Steinberg have handled in excess of 20,000 individual and small business bankruptcies. Many attorneys recommend Steidl and Steinberg to their clients for bankruptcy counseling because they know of Steidl and Steinberg's reputation in this area. Call us for a free consultation and see why. Not exactly, but in Chapter 7 and Chapter 13 cases, you will go to a courtsponsored meeting at which your creditors are invited but rarely appear. There you will meet a court-appointed trustee who will review your bankruptcy schedules, ask you some questions, and make a recommendation as to whether you should be granted the relief we have asked for. For most people, the meeting takes only five minutes or so. For Chapter 11, your meeting with a representative from the United States Trustee's Office will take longer, anywhere from fifteen minutes to an hour or more. Your attorney will be with your to guide you in these meetings, and your attorney will be able to prepare you for questions in advance. In a Chapter 7 and Chapter 13 cases, if all goes well (and it usually does), you will not see a judge. In many cases under the other chapters, you also will not see a judge. But each case is different, and your attorney can advise your as to your own particular circumstances. A trustee is a court-appointed official, usually an attorney skilled in bankruptcy law, who reviews cases to determine if there are assets available to pay creditors. By assets, we mean assets that are beyond the amount that a debtor is allowed to keep under bankruptcy law. In Chapter 13 cases, the trustee reviews the Plan that has been filed by the debtor and his or her attorney to determine if it complies with the applicable provisions of the Bankruptcy Code. The trustee then makes a recommendation to the judge who is hearing the Chapter 13 cases. Q. Can my bankruptcy be turned down? If your attorney has done his or her job well, and if the client has honestly revealed all of his or her assets and debts (which is required by the Bankruptcy Code and Rules), there is little chance of a bankruptcy being turned down. In those few very limited cases where there is a problem, the debtor generally has had advance warning, as an experienced bankruptcy attorney can generally predict these things in advance. Q. How many people file bankruptcy? The numbers vary, but in some years, over 10,000 people file for relief under the Bankruptcy Code in the Western District of Pennsylvania. In the United States, the number has often exceeded 1,000,000 per year. Q. How long does the bankruptcy process take? A Chapter 7 without assets (the majority of the cases) will be over within about five months after the initial papers are filed. Reorganizations under the other chapters can take up to several years, depending on the plan. Q. How do I pay you? If I had the money, I wouldn't have to file bankruptcy. Do you make payment arrangements? Good question! We have been able to work out payment arrangements with many of our clients. We'll try to work things out with you, also. Q. How much does a bankruptcy cost? Different cases call for different fees. At the same time, some attorneys may charge more than other attorneys because of their higher skill level, or because of the amount of services provided by their office, or because of their level of staffing. Your best bet is to talk with the attorney, in person if possible, and determine with whom you feel most comfortable, considering the above factors. Get answers to many Commonly Asked Bankruptcy Questions. Get answers to many questions about Bankruptcy in General. |