When you hire a bankruptcy attorney with McDonald Law Offices you can get your life back on track by filing a Chapter 13 Bankruptcy to reorganize many of your debts into an affordable monthly payment.
Meet with one of our experienced attorney's either in person or on the phone. Our attorney will review your financial situation and make recommendations to you. By the end of the consultation you will know what options are available to you and whether a Chapter 7, Chapter 13 or no bankruptcy at all is best for you.
If you decide to hire us, you can retain our services either online, in person or through the mail. You can hire us with as little as $50.00 down.
As soon as you retain us you can begin referring your creditors to us. When they call, simply advise them that you retained us to represent you in a Chapter 7 Bankruptcy and request that the creditor call us at 480-968-3100 to confirm the representation.
After hiring us you will fill out a bankruptcy questionnaire either online or a paper copy and return it to us with copies of the information specified in the questionnaire. At that time you will also make a second payment to us in an amount sufficient to have paid us a total of $200.00 by the time that the questionnaire is returned. For example, if you hired us with $50.00 down, you will need to pay $150.00 when you return the questionnaire to us.
You will need to complete a credit counseling course before your case can be filed. To be eligible to file bankruptcy, 11 U.S.C. §109(h) requires that a debtor receive, within the 180 day period before the bankruptcy is filed, a briefing from an approved nonprofit budget and credit counseling agency.
We recommend that you obtain the certificate through cricketdebt.com. Cricket offers the course either online or over the phone.
The online course is available at www.cricketdebt.com in English, Spanish, Chinese, Korean, Vietnamese, Russian, Tagalong and Romanian. Click StartCounseling Now. Follow the directions for the First Course.
The phone course is available in English and Spanish at 866-719-0400.
The course through Cricket usually takes 45-60 minutes. Cricket charges $36.00. After you have completed the course and paid the fee, Cricket will email or send a certificate of completion to you. You will need to provide a copy of the certificate to us as the certificate must be filed with the court.
Once we receive the bankruptcy questionnaire and copies of all of requested documents we will order your credit reports and begin processing your case. Based on the numerous documents that must be prepared, it will take approximately 2-3 weeks to complete the documents. If there is reason that your case will need to be filed sooner such as a pending garnishment, repossession or foreclosure you will need to advise us and request that we move you ahead of other cases in line for processing. Priority cases can usually be processed in a matter of days.
As soon as the documents have been completed, we will notify you in writing that the documents have been completed and we will request that you contact us to schedule an appointment to review and sign the documents. At the time that you review and sign the documents, you will need to pay the $281.00 court filing fee.
As soon as you have reviewed the bankruptcy schedules and statements that must be filed, signed them, and paid the court filing fee, we can schedule your case for filing with the court.
The Chapter 13 Plan payments start 30 days from the date that your case is filed. That date will be the plan payment due date for the remainder of the plan. The plan payments must be made with a cashiers check or money order and you must include your Chapter 13 case number on the payment. You are urged to create a folder and retain a copy of every payment sent to the trustee. In the event that the trustee does not receive a payment, you will need a copy of the receipt to have the payment traced.
Within 5-10 days of the bankruptcy being filed, you will receive a letter from the court appointed trustee. The trustee will provide you with instructions regarding how to make the plan payment, where to send the payment and will request that you complete a Trustee Questionnaire and provide him or her with certain documents for verification purposes. The trustee will instruct you to return the Trustee Questionnaire and the requested documents prior to the date of the meeting of creditors. If you need any assistance complying with the trustee’s requests you can simply bring the letter in to our office and we will be happy to help you.
Approximately 30-45 days after the bankruptcy has been filed, you will be required to attend a meeting of creditors. You must attend the meeting on the date and time scheduled or your case will be dismissed. The court sets the date and time of the meeting and neither you, the trustee or our office can pick or change the date or time. The court is required to give you at least 20 days notice of the meeting. Our office will know the date and time of the meeting the day that we file your case. We forward notice to you promptly so that you have plenty of time to make arrangements to appear at the meeting. One of the attorney’s from our office will be with you at the meeting. You are required to bring both a (1) Photo ID (driver’s license, state issued photo ID, a passport or legal alien card), and (2) your social security card (The actual card, and not a copy). If you do not bring both forms of ID to the meeting of creditors, the Trustee will not conduct the meeting and will make you return at a later date. If you do not have your social security card, you must go to the nearest Social Security Administration office and obtain a replacement card. The Social Security Administration will issue a new card and send it to you within 14 days. (Create Link to Social Security Administration site that gives address for every office in AZ)
The court typically schedules 6-8 people per half hour for these meetings. You should arrive at least 20 minutes early for the meeting to give the attorney time to meet with you and any other clients scheduled at the same time. At your scheduled time, the Trustee will invite the group into the meeting room. The Trustee will give a brief speech regarding the procedure, and will then commence calling names as scheduled on the calendar posted outside of the meeting room. When it is your turn, you will approach the trustee and hand him/her your two forms of ID. The Trustee will swear you in, review the ID’s, and then commence asking you a series of questions. The questions vary depending on the Trustee, but generally consist of the following:
State your name;
Have you taken and accepted the oath?
How long have you resided in Arizona?
Has that period included the 91 days prior to the filing of the case?
Have you reviewed the schedules and statements filed in your case?
Did you sign them?
Are they true and accurate?
Do they contain all of your creditors and assets?
Have you ever filed bankruptcy before?
Have you ever filed bankruptcy using a different name or social security number other than your own?
Do you have any claims against anyone where you can collect money or property?
Do you have an interest in a will or a trust?
Has anyone passed away and left you an inheritance and you rejected it?
Do you owe any domestic support obligations such as child support or spousal support?
Have you paid any relatives or friends any money in the last year?
Have you transferred any property to anyone in the last two years?
Do you own any offshore bank accounts?
After the trustee has asked you these or similar questions, the trustee may ask you about something listed in your schedules, statements or the documents you forwarded directly to him/her. At the conclusion of the meeting, the trustee will ask if there are any creditors present. If a creditor is present, they are allowed to ask you questions about the debt owed to them or about the documents that you have filed with the court.
To receive a discharge in a Chapter 13 case, you must complete an instructional course concerning financial management. The certificate must be filed no later than the date that you make the last plan payment in your Chapter 13 case. We strongly recommend that you take the course prior to your meeting of creditors and bring a copy to the meeting. At that time you can give a copy to the attorney from our office and we will make sure that the certificate is filed.
The course can not be taken until after the bankruptcy has been filed. To verify that you have filed, the counseling agency will require that you give them your bankruptcy court case number.
We recommend that you obtain the Post-Filing certificate through either:
BE ADVISER at www.beadviser.com BE ADVISER only offers the course online. As of this date, the price is $11.00 for each debtor ($22.00 for a husband and wife).
DEBTHELPER.COM You can take the Post-Filing course through DEBTHELPER.COM either online or on the phone. As of this date, the online course is $14.00 for single or joint filers at www.mybkcounseling .com
The fee for the telephone course is $44.00 for single or joint filers. The telephone number is 1-800-920-2262. An appointment is recommended. Course material will be received by mail.
Your creditors will be given a deadline to file an objection to your plan and a deadline to file a Proof of Claim. The Proof of Claim is the document that shows the court what is owed as of the date that the case is filed. Objections are common, but there is usually no need to worry about an objection. Our office has well over 25 years experience resolving creditor objections.
The Trustee is required to file a Trustee Recommendation regarding your Chapter 13 Plan. The recommendation will be filed 1-6 months after the meeting of creditors. The trustee will send a copy of the recommendation to you and our office. We will have 30 days to respond to the objection and submit the order confirming your plan to the trustee for the trustee’s signature. Upon receipt of the recommendation, we will review the recommendation and send a letter to you advising you what, if anything we need from you. You will need to promptly respond to our letter so that we can comply with the deadline. If you have any questions upon receipt of our letter, you can simply contact us and we will be happy to explain what is needed and why.
Once we forward the trustee the information requested and the order confirming your Plan, the trustee will have 30 days to either sign off on the order and forward to the Judge for the judge’s signature or return the order to us for additional revisions.
Once the order is uploaded to the court, the judge typically signs off on the order within a week or two. Once the judge signs the order, your Chapter 13 Plan is considered confirmed/approved. As soon as we receive a copy of the Order Confirming Chapter 13 Plan, we forward a copy to you.
Approximately 2-3 months after you make the last plan payment to your trustee, the trustee will have completed and filed his/her final report and the court will enter your discharge. The discharge will be sent to you by the court shortly thereafter.
We have the experienced bankruptcy lawyers you need to obtain the fresh start you deserve.
CALL TODAY FOR A FREE CONSULTATION
480-968-3100 623-937-8308 Toll Free: 1-800-790-8616 By Email: firstname.lastname@example.org
Please call McDonald Law Offices to schedule a time to talk to one of our experienced Arizona bankruptcy attorneys. If you call during our business hours it is likely that one of our bankruptcy lawyers will be available to talk to you when you call.
The attorney will be able to go over how you can stop foreclosure, stop garnishment, and eliminate other debts through the filing of bankruptcy. During the call our lawyers will be able to determine if you qualify, how much it will cost to declare bankruptcy, what debts your bankruptcy will cover, and how long it takes to file.
CALL NOW! There is no obligation and the consultation is free.
The experienced attorneys at McDonald law Offices help clients achieve debt relief by stopping foreclosure, garnishment, repossessions, and judgments. Our lawyers represent clients throughout the state of Arizona including the following areas:
Monday 8:00 am to 5:00 pm *
Tuesday 9:00 am to 5:00 pm *
Wednesday 8:00 am to 5:00 pm *
Thursday 9:00 am to 5:00 pm *
Friday 8:00 am to 5:00 pm
Saturday 9:00 am to 11:30 am
* (or later upon request)