Chapter 13 Bankruptcy Lawyers in Tulsa

Chapter 13 Bankruptcy Process

1. Initial Consultation: Schedule a no obligation consultation with one of our bankruptcy attorneys. We will have you complete a short intake form prior to the meeting. At the consultation, we will discuss your current situation, including your income, property, and debts, and evaluate whether Chapter 13 is the proper path for you. We will also provide a quick estimate of what a Chapter 13 plan payment might be for you. Please keep in mind that estimate is not guaranteed; we will not be able to properly estimate your plan payment until we receive all your paperwork and initially work up your file. Afterward, we will give you a longer questionnaire, which you can complete by hand or online, as well as a list of documents to provide to our office.
2. Retain Our Office: Once you decide to retain our office for your bankruptcy needs, you will need to sign our Attorney Fee Agreement, as well as pay the initial payment by debit card, check, money order, or cash. You may sign the agreement and make the payment at your initial consultation or at a later time. We will also need you to provide us with a copy of your government issued photo identification and a copy of your Social Security card. After you have retained our office, you may tell any creditors that you have retained The Colpitts Law Firm to file bankruptcy and provide them with our number.
3. Preparation of Your Case: Before we can file your Chapter 13 case, you will need to complete the mandatory paperwork and provide the necessary documents. Once we receive your paperwork, our team will prepare your petition & schedules. If there are any missing documents or information, we will contact you. Your file will be thoroughly prepared and reviewed prior to scheduling an appointment for you to review and sign it. Your initial Chapter 13 Plan will also be drafted. Additionally, you are required by law to complete a credit counseling course, which usually takes around 90 minutes and can be done either online or by phone. We will provide you with the credit counseling course information and let you know when it is time to complete it.
4. Review & Sign the Petition & Schedules: Once your petition & schedules and Chapter 13 Plan have been prepared and thoroughly reviewed, we will schedule an appointment for you to come into our office to review & sign the paperwork. You will have the chance to review everything to ensure it is all accurate. You will then meet with one of our attorneys to discuss questions you might have, as well as the next steps. Our attorney will explain your personal Chapter 13 Plan, the due date, and how to make the payments.
5. Filing: After you have reviewed & signed your paperwork, our team will electronically file your case with the appropriate court. Your petition & schedules, as well as your proposed Chapter 13 Plan will all be filed with the Bankruptcy Court. The Court will then issue a case number, assign a judge and Chapter 13 Trustee to your case, and schedule your Meeting of Creditors. Once your case is officially filed, your automatic stay will immediately go into effect.
6. Notice of Bankruptcy: A few days after your bankruptcy is filed, the Bankruptcy Court mails the Notice of Bankruptcy to you, our firm, and all of your creditors. This Notice contains various deadlines, as well as the date, time, and location of the Meeting of Creditors.
7. 341(a) Meeting of Creditors: Roughly 30 days after your case is filed, you will attend what is called a Meeting of Creditors that is conducted by the Chapter 13 Trustee. Most of the time, your creditors themselves do not attend. At the meeting, the trustee will put you under oath and ask you a few questions about your bankruptcy paperwork. These meetings usually don’t last more than 15 minutes or so. One of our attorneys will meet with you prior to the meeting to discuss the questions the trustee will ask, as well as answer questions you might have about the meeting or your case in general. One of our attorneys will be present with you for the entirety of the meeting.
8. Chapter 13 Plan Payment: Your first plan payment will be due no later than the 30^th day following the filing of your bankruptcy case. It is important that you make your Chapter 13 Plan payments in a timely manner. We will discuss the various ways for you to make your plan payment.
9. Proofs of Claims and Objections to the Plan: Your creditors are required to file a Proof of Claim in your case, stating the amount they are owed. You will receive copies of these Proofs of Claims in the mail, and we will monitor them as they are filed. Additionally, creditors may file an Objection to the Chapter 13 Plan. These are to be expected—we will have the chance to amend your Plan to address any objections.
10. Chapter 13 Plan Confirmation Hearing: Your Chapter 13 Plan must be confirmed by the Bankruptcy Court. Confirmation of the Plan may take several months, as it is usually necessary to file an Amended Plan at least once to address any pending objections from the trustee or your creditors. We will attend all Chapter 13 Plan Confirmation Hearings on your behalf; you do not need to attend.
11. Confirmation of Chapter 13 Plan: Once the Plan is confirmed, the Bankruptcy Court will issue an order. Your Confirmed Chapter 13 Plan is binding upon you and your creditors. At this time, the trustee will begin disbursing the payments to creditors as called for under the Chapter 13 Plan.
12. Debtor Education Course: As you near the end of your 3- to 5-year Plan, we will remind you to complete the second course that your are required to complete—the Debtor Education course—if you have not already done so.
13. Application for Discharge and Notice of Discharge: Once you are nearing the end of your 3- to 5-year Plan, we will prepare an Application for you to receive your discharge. The Court will mail a Notice of Discharge to you and our firm. This means your case is almost complete. After the Discharge is entered, the Court will close your case. After your case is closed, our representation of you is terminated. However, if you have any further legal needs, please feel free to call us.