At the moment of filing a bankruptcy, an automatic stay
    goes into effect. This is a provision of the Bankruptcy
    Code that prevents most creditor action against you. This
    is the part of the law that stops foreclosure, lawsuits,
    levies, and creditor calls. If a creditor does not cease
    their actions against you, call me immediately.

    At about thirty days, you will have a creditor’s meeting
    scheduled at the Federal Courthouse. In Houston, they
    will be held at 515 Rusk, Suite 3401-3rd Floor. It will be
    in a regular meeting room. No Court. No Judge.

    The Trustee appointed by the Court to oversee your case
    will conduct your meeting. I will be present, but you will
    be required to answer mostly simple questions about your
    case. You must have your picture ID and original proof of
    your Social Security number or the meeting may not be
    conducted. If there are questions by the United States
    Trustee about your Means Test, they will be covered at
    that time. We will work with you to have all necessary
    documents to the Trustee ahead of time.

    Here is a sample of questions you may be asked.

    1. Did you list all of your debts and assets?

    2. Anyone owe you any money at the time you filed? This
    includes IRS refunds.

    3. Do you have any lawsuits or potential lawsuits against
    anyone where you might be owed money?

    4. Do you have any inheritances due you at the time of
    filing or within six months after the date of filing?

    5. Have you repaid any money to friends or relatives
    within the last four years?

    6. Have you transferred any property by sale or gift within
    the last four years to friends or relatives or the last 90
    days to anyone? Were the transactions for fair market
    value?

    If you are in a Chapter 7 case, the creditor’s meeting is
    probably your only appearance at the Courthouse. A sixty
    day period then begins where creditors or “parties in
    interest” that believe you should not receive a discharge
    can file a lawsuit in the Bankruptcy Court against you.
    These cases are rare and usually involve some type of
    fraud or non-disclosure of assets. If you are not sued, you
    become eligible for a discharge anytime after that period.
    The Court Clerk will enter the discharge. You and all of
    your creditors will get a copy.

    If you are in a Chapter 13 case, the creditor’s meeting may
    be followed with other actual Court appearances. Usually,
    I can appear on your behalf. About 45 days after the
    creditor’s meeting, a Confirmation Hearing is held in
    Court. This hearing is where the Judge either approves or
    denies the Chapter 13 Plan of Reorganization you have
    filed. I will let you know if your appearance is necessary.
    This is where any disputes with the Trustee or creditors
    will be resolved. If the case is confirmed (approved), you
    continue to pay the Trustee and all should work out well
    to receive a discharge at the end of your Plan.

    Oftentimes, problems may arise during the term of your
    Plan. If you get behind on your payments to the Trustee, he
    will file a Motion to Dismiss. If granted, a dismissal will
    remove you from the  Bankruptcy Court and its’
    protection. It is very important that I hear from you if you
    receive a Motion to Dismiss. I have time deadlines to file
    a Response with the Court to protect you.

    Sometimes, if you get behind because of income
    disruptions, your case can be modified. A modification
    would rework your Plan to cure the arrearage payments to
    the Trustee and possibly lower future payments.
    Modifications can be time-consuming; so, again, make
    sure you contact me in a timely manner to work on it.

    Once you receive a discharge, you can begin to restore
    your credit. The bankruptcy should remain on your credit
    report for ten years. You will be solicited for and receive
    credit soon after exiting bankruptcy. Your interest rates
    and down payments will be higher for a while.

    Be very careful to not get too much credit again. I like
    what I do, but I would prefer not to handle a second case
    for you!

    Email John E. Smith now
    johnsmithattorney@um.att.com


    "The Biggest mistake many people make in filing for
    Bankruptcy? Waiting too late."
JOHN E. SMITH&
ASSOCIATES,P.C.
Helping People With Debt
Since 1983
Bankruptcy
is all  we do.
THE BANKRUPTCY PROCESS
This Law Office files bankruptcies for residents  of Houston, Friendswood, Pearland, Galveston,
League City, Dickinson, Clear Lake, Pasadena, Pearland, LaPorte, Texas City, Channelview, Seabrook,
Katy, Sugarland, Fulshear, Waller, Friendswood, Hempstead, College Station, Pearland,
Friendswood,Bryan, and the entire Southern District of Texas.