Meiners Law Office, PLC
(520) 777-2198
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How a Bankruptcy case works

To start the process, you will meet with your attorney Ross Meiners to discuss your financial situation, determine your filing eligibility, and if filing a case is the right option for you.
Those appointments are often done in the office, but can also be done initially over the phone or via Zoom. We have an intake form to fill out and complete before that free initial consultation. That form is often emailed to you ahead of time to complete and bring with you, or you can fill it out at the office before the appointment
Once you decide to file, we begin the case preparation process. There is an organized list of documents to gather so our office can prepare your case petition. Once the draft of the petition is done, we’ll be ready to file your case. At this point you can do your court required ~1 hour online (or over the phone) debtor education course that you complete at your own pace. We’ll have a signing appointment, and your case will be filed.
Once filed, the federal automatic stay goes in effect, and any and all collection actions by creditors must cease. This includes creditor phone calls, letters, wage garnishments, vehicle repossessions, and foreclosures. Creditors can’t do any of those things.

In approximately 5 weeks you’ll have what is called a 341 Meeting of Creditors hearing with your case trustee. The trustee is the court appointed administer of your case. None of your creditors are actually ever there at that hearing, it’s just you, your attorney Ross Meiners, and the trustee. If a creditor shows, which is very rare, they can ask a few limited questions and that’s about it. Normally, this short hearing is held in a meeting room at the bankruptcy courthouse located at 38 S. Scott Avenue in Tucson. However, currently during the health pandemic, these hearings are being done telephonically at least into 2021. You can call in from home or work. At this hearing, the trustee will ask you standardized set of questions about accurately listing your income and assets in the petition, and other related financial matters. These hearings typically last just a couple minutes or so.

In Chapter 7 cases, after that hearing, your discharge will be entered in about 65 days. Before discharge, you’ll have a second and final online (or on the phone) debtor education course to complete that also takes about an hour. If your case is a no asset case, which many Chapter 7 cases are, your case will then close and you will be all done and discharge entered. In some Chapter 7 cases, there are some non-exempt asset funds to provide to the trustee. The trustee will distribute those funds to your creditors and then your case will close.
In a Chapter 13 case, after the trustee hearing you will continue with your plan payments until your case is confirmed and plan payments completed.

With the discharge entered by the court, all the eligible dischargeable debts listed in your petition are now deemed discharged, meaning you are no longer required to pay it and no creditor can ever bother you about it or request any payment.

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A Strategic Bankruptcy Attorney Attending to Southern Arizona

If you are being harassed by creditors or have received notices for wage garnishments or foreclosure, contacting a lawyer should be the first step to handling your struggle.
CALL TODAY (520) 777-2198

Free initial consultations provided

Meiners Law Office, PLC

4400 E Broadway Blvd.
Suite 600S
Tucson, AZ 85711
Phone: 520-777-2198
Fax: 520-202-7317
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Areas Served: Meiners Law Office, PLC, is located in Tucson, Arizona, and attends to clients in Tucson, and surrounding areas, including Benson, Bisbee, Casa Grande, Douglas, Green Valley, Marana, Nogales, Oracle, Oro Valley, Sahuarita, San Manuel, Sierra Vista, Vail, Safford, Morenci, Sells; in counties including: Pima County, Cochise County, Santa Cruz County, Pinal County, Graham County, and Greenlee County in Southern Arizona.

Disclaimer: Results of a bankruptcy filing described on this website apply to most filers; however, each client’s financial situation is unique and results are dependent on the factual and legal circumstances of each case. Our office is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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