How Does A Bankruptcy Case Begin?

How Does A Bankruptcy Case Begin?

Bankruptcy is an arduous, complicated process that often requires the assistance of someone with the expertise and experience to answer any and all related questions. Theron Morrison has the background and the experience to answer these questions. One of the most common questions posed by clients and prospective bankruptcy debtors is, “How do I begin?”

Bankruptcy begins with the filing of a bankruptcy petition in the United States Bankruptcy Court. For Utah residents, this court is part of the federal District of Utah. In Utah, the court’s primary location is in Salt Lake City, but there are also courtrooms in St. George. There are four Utah locations for creditor meetings (aka “341 Meetings”): Salt Lake City, Provo, Ogden, and St. George.

Debtors, unless they are not represented by an attorney, will typically not have to go to the U.S. Bankruptcy Court and will receive court correspondence through their attorney and by mail. However, Utah bankruptcy debtors must attend their 341 Meeting. An attorney may represent the debtor at this meeting.

A bankruptcy petition contains the following information:

  • debtor’s name and address;
  • the name and address of the debtor’s lawyer;
  • the chapter (typically 7,11, or 13) under which the bankruptcy case is filed; and
  • basic statistical information about the debtor’s liabilities.

There is also a separate document, filed confidentially, for identification purposes, which lists the debtor’s social security number. This document is not available as part of a debtor’s public bankruptcy record.

Prior to the filing of the petition, every bankruptcy debtor must take a credit counseling course. Once completed, the petition may be filed. At the precise moment that the petition is filed and a case number is assigned, an important safeguard provided by federal bankruptcy law known as the automatic stay takes effect. The “stay” is synonymous with an injunction in that it STOPS the debt collection efforts of all creditors, with some exception.

Bankruptcy is a process and not a simple act. If your financial situation requires the filing of a bankruptcy case under Chapter 7 or 13, an experienced and qualified bankruptcy attorney like Theron Morrison wants to help. Call 801.456.9933 today to schedule a FREE consultation and learn about your Chapter 7 or Chapter 13 bankruptcy options. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.

How Does A Bankruptcy Case Begin?

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