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Chapter 13 Bankruptcy Process in South Metro Denver

Chapter 13 Bankruptcy can be very complicated and challenging.  It is vital to have an attorney representing you throughout the process.  We want you to understand what to expect from the process. . We’ve compiled a general  list of steps to help you understand the Chapter 13 process.

Step One: Obtain a Credit Counseling Certificate

Once you decide to file chapter 13 bankruptcy, you will need to complete a course in credit counseling. The course is a mandatory, and the certificate must be filed at the time the bankruptcy is filed. The attorneys at Benham Law, Inc can provide you with a list of United States Trustee's Office-approved credit counseling agencies. This course can be completed online or over the phone.

Step Two: Complete and File All Required Forms with the US Bankruptcy Court

In order to file your bankruptcy, you must complete a detailed packet of forms and file these with the court. These forms include your bankruptcy petition, chapter 13 plan, means test, schedules of financial information, income and expenses, assets and liabilities, exemptions and much more. The forms are voluminous and include very detailed information. The attorneys at Benham Law, Inc. will work with you to complete all forms required by the court.

Step Three: Provide Tax Returns and Other Documents

Once your case is filed, you must provide recent tax returns, as well as any other documents needed by the trustee. These documents are provided to the trustee immediately after filing of the case.

Step Four: Begin Making Payments Under the Plan

Unlike Chapter 7, in Chapter 13 you will make payments according to your Chapter 13 Plan. You will begin making plan payments within a month of case filing. Your plan can be amended as your case progresses, depending on several factors.

Step Five: Trustee is Appointed to Administer your case

Once the court receives your paperwork, a trustee is appointed to administer your case. The Chapter 13 Trustee works in the interest of your creditors by reviewing your case and plan, filing objections and making sure your creditors are being paid a fair amount.

Step Six: Attend 341 Court hearing

You will be required to attend a 341 meeting of creditors approximately one month after you case is filed. The Trustee conducts the 341 meeting of creditors. Your attorney at Benham Law, Inc will attend the meeting with you and walk you through the entire court process.

Step Seven: Attend Confirmation Hearing

Roughly 20 to 45 days after the creditors’ meeting, you will be required to attend a confirmation hearing, where the court addresses the objections raised by your creditors and the trustee. The purpose of this hearing is to confirm or reject your payment plan. Your attorney will represent you in that hearing.

Step Eight: Take a Financial Management Course

Before you can receive your final discharge, you must take a final financial management course. This course can be completed online. The attorneys at Benham Law, Inc. can provide you a list of providers for this course. The final certificate of completion must be filed with the court before your discharge will enter.

Step Nine: Receive Final Discharge from the Court

Once you have made all plan payments and completed all required steps, the Court will issue your final discharge.

Contact Our Bankruptcy Attorney

Benham Law, Inc. helps you make your way through this process so you can move on with your life. We want to help you obtain financial independence. Contact our Chapter 13 Bankruptcy attorney today.