The 341 Meeting of Creditors is a meeting with the trustee. You are required to attend this meeting. One of the attorneys from our office will attend with you. This is the trustee’s opportunity to ask questions concerning the Schedules and Statements filed with the Court containing the information you provided to our office. This includes your assets, liabilities, income and expenses.
If you wish to reaffirm, sign the areas of the reaffirmation agreement that have been highlighted for you.
Cases filed in Fort Worth (depends on your assigned Trustee):
TIM TRUMAN: PO Box 961076, Fort Worth, TX 76161-0076 – PUT YOUR CASE NUMBER ON EVERY PAYMENT! The First Payment is due 30 days from the date of filing. We suggest that you mail your payment, via USPS, Priority Mail w/ Tracking Number, no signature required. This will allow you a tracking number to search for the payment if it becomes lost. If the payment is not made in a timely manner per the First Trustee Payment due date, please send overnight, via USPS, to the PO Box above.
ALICE WHITTEN: PO Box 1201, Memphis, TN 38101-1201 -PUT YOUR CASE NUMBER ON EVERY PAYMENT! The First Payment is due 30 days from the date of filing. We suggest that you mail your payment, via USPS, Priority Mail w/ Tracking Number, no signature required. This will allow you a tracking number to search for the payment if it becomes lost. If the payment is not made in a timely manner per the First Trustee Payment due date, please send overnight, via USPS, to the PO Box above.
Cases filed in Dallas:
TOM POWERS: PO Box 1958, Memphis, TN 38101-1958 – PUT YOUR CASE NUMBER ON EVERY PAYMENT! The First Payment is due 30 days from the date of filing. We suggest that you mail your payment, via USPS, Priority Mail w/ Tracking Number, no signature required. This will allow you a tracking number to search for the payment if it becomes lost. If the payment is not made in a timely manner per the First Trustee Payment due date, please send overnight, via USPS, to the PO Box above.
We are located at the Wells Fargo Building at 8701 Bedford Euless Road, Ste 510, Hurst, Texas 76053. Call our office and we will work with you on a time that is best for you!
Once you have paid the balance in full for a Chapter 7. Once you have paid your agreed down payment portion on a Chapter 13.
In most cases 3 to 6 months and it is entirely up to the Judge.
A Forbearance can be better explained at your FREE consultation with Lee Law Firm, but basically we will contact your mortgage company and make an offer to settle any past due payments. We do it free because we know that if you need us in the future you will come back to us as well as refer others to our office. Forbearance is basically where you pay 30% of what you are in arrears on your mortgage and the rest is put on top of your current payments for several months. This does not always work for everyone due to their financial situation. We have other options to save your home and we will go over them when you come in for your FREE consultation.
The purpose of the hearing is to determine if the bankruptcy protection should be extended through the remainder of your case. The Judge will inquire as to the reason that the prior case was dismissed and why you feel that this case will be successful. This information will come from the statement you provided to our office as to why your last bankruptcy was dismissed and what has occurred to make this bankruptcy successful. It is important that you answer each question honestly but do not provide any additional information above what is asked. The hearing should last just a few minutes; however you could have to wait for your case to be called so please budget the morning or afternoon for the hearing. A Lee Law Firm attorney will be present with you at the hearing. You should wear nice clothing. Dress professionally. Men should wear nice slacks, a long sleeve shirt and a tie if available.
The purpose of the automatic stay is to protect the debtor and her property from creditors and to give the debtor some breathing room to work out a repayment plan. In essence, the automatic stay freezes the debtor’s assets so that individual creditors cannot pick away at them and, in the process, destroy the debtor’s attempt at a fresh start.
In a Chapter 7 case, the automatic stay protects the debtor’s property and any equity he may have in that property so that the debtor can claim it as exempt and, thus, get the fresh start bankruptcy was meant to provide. Moreover, the automatic stay also ensures that non-exempt property is distributed fairly among unsecured creditors.
As it relates to a Chapter 13 case, the automatic stay ensures protection of the debtor’s property which may be necessary for a fresh start and which may be critical to the success of the debtor’s Chapter 13 plan. The automatic stay also prevents creditors from making collection efforts against a co-borrower of any debtor. Sometimes referred to as the “co-debtor stay”, it protects non-filing co-borrowers in the same way it protects the debtor.
A Forbearance can be better explained at your FREE consultation with Lee Law Firm, but basically we will contact your mortgage company and make an offer to settle any past due payments. We do it free because we know that if you need us in the future you will come back to us as well as refer others to our office. Forbearance is basically where you pay 30% of what you are in arrears on your mortgage and the rest is put on top of your current payments for several months. This does not always work for everyone due to their financial situation. We have other options to save your home and we will go over them when you come in for your FREE consultation.
Anyone who was on the bankruptcy filing. So, the debtor (w/ spouse in joint case) must be present to be questioned under oath by the trustee and by creditors.
Anytime a trustee receives a profit and loss statement, no matter whether our client is self-employed or owns a rental property, the trustee will automatically send out a Business Questionnaire form. This form allows the trustee to rule out the possibility that you do have a small business. Complete the form with the best information that you can. If the question does not pertain to your situation, just answer the question as that. With the form, send in any documents directly to the trustee that you do have on the list. This process will eliminate any other issues later.
If anything has changed (your income or expenses) please give us that information. We will still need your last 2 months of paystubs. You need to verify that the office actually has those documents.
We now have a new Mortgage Loan Modification Program and can assist you.
- We will sit with you and review your situation to make sure that a Mortgage Loan Modification is right for your situation.
- If you move forward with our Mortgage Loan Modification Program, we will assist you with gathering the correct documents and file your Mortgage Loan Modification request with the Home Affordable Modification Program directly. No going back and forth with your mortgage company!
- Call us today at 817-616-1601 to set up your FREE INITIAL MORTGAGE LOAN MODIFICATION APPOINTMENT!
You will be required to sign an affidavit stating you were not required to file. This will take the place of an actual return. If you have not already completed this Affidavit, and this does pertain to your situation, please notify our office as soon as possible at questions@leebankruptcy.com. They will prepare this document for you to complete and have notarized.
This is the first document you should receive in the mail. It is the same notice that all of your creditors will receive. There is no action that will need to be taken on your part when you receive this document. It is informational only.
A Notice of Appearance?
Creditors sometimes file a Notice of Appearance to make sure they get on the email list for documents filed with the Court. This requires no action on your part as well. This is informational only.
A Motion to Lift Stay/Motion for Relief From Stay?
This is a motion filed by your creditor. The motion is asking the court to remove the protection provided by the Bankruptcy so the creditor may foreclose or repossess your property. If this motion is filed in your case and your intention is to keep the property listed in the motion, you will need to contact our office immediately .
An Objection to Confirmation?
This is a common event that occurs in many bankruptcies. You most likely will not have to attend Court for this event but our office will be contacting you regarding this type of occurrence.
A Notice of Hearing?
This is a fairly common event. We attend all hearings for you. We will notify you by mail, telephone, or email if you actually need to attend a hearing. You will always need to attend a hearing for a Motion to Extend Stay. You will probably not need to attend a hearing for Confirmation or a Motion to Lift Stay/Motion for Relief from Stay.
You can add a debt to your bankruptcy as long as the debt occurred prior to your filing date. To add a new creditor to your bankruptcy case our office must have the company name, mailing address, account number, date the debt was incurred, and amount of debt owed. After paying an amendment fee of $41.00, we will be able to include the new creditor to your bankruptcy.
Any verification of income you may have will need to be provided. This may include food stamps, unemployment compensation, social security benefits, family contributions, rental property income, etc.
Please refer to your Pay Day Loan Acknowledgment. In order for a Pay Day Loan to be added to your bankruptcy case our office must have the company name, mailing address, account number, date the debt was incurred, and amount of debt owed. After paying an amendment fee of $41.00, we will be able to include them in the list of creditors. If we do not have the mailing address for the Pay Day Loan Company, they will not be included.
Yes. However, you may have to pay higher interest rates immediately after a bankruptcy filing for a while. Also, when it comes to purchasing a home, you may have to wait 2 years after a Chapter 7 filing. During that you should begin to reestablish your credit which will enhance your ability to qualify for a home at that 2 year mark. You may even get a good interest rate at that time, if you follow my 12 month aftercare program.
Anyone to whom you make court-ordered payments will be notified. Ex-spouses will only be notified in that instance.
If your ex-spouse is still on a shared note (car/home) or credit card statement then yes they will receive notification.
YES! Once you file for bankruptcy, your creditors can no longer call you, email you, send you letters or contact you in any way. This includes you, your friends and your family members. All collection attempts will stop immediately. As your bankruptcy attorney, creditors will be required by law to go through me from this point forward. If creditors continue this harassment, you will have legal claim against them. This will give me the opportunity to sue any creditor that does this to you in federal bankruptcy court.
Absolutely! Once you hire me, I will give you a letter of representation and creditor number to provide all your creditors as reference. Once a creditor knows that you are represented by an attorney they can no longer contact you. They are required, by law, to go through me.
Typically, your creditors do not attend this meeting. Governmental agencies, such as the Internal Revenue Service or the Attorney General, will appear if money is owed or tax returns have not yet been filed. Occasionally your creditors may appear to ask limited questions.
Yes, these debts – credit card debt, medical bills, payday loans, old repossessions, and signature loans and possibly many others will all be gone once we get your bankruptcy discharged!
In most cases you do not ever have to go to Court. But you will have to speak with a Trustee or a paralegal at the Trustee’s office. This is a simple process known as a Meeting of Creditor’s. The funny thing is though, is that your creditor’s rarely show up to this meeting. The Trustee will ask you a few simple questions about your bankruptcy and then you’ll be able to go home.
Also, for a Chapter 13 you will have to do a debt counseling class the same day. This class is very good and very informative. I think you’ll enjoy what the instructors have to say.
Yes, I have helped over 10,000 people through this process and I have never come across a case where a client was not able to secure an apartment or rental house due to their bankruptcy. Sometimes it can be a little more difficult to find that perfect place, but it is definitely not something to worry a great deal about.
You may need to verify with the mortgage company of the correct mailing address for the current payment. Many times during bankruptcy, the mortgage company will assign a new mailing address to your mortgage. Please confirm with them directly. You will need to re-send the funds via certified mail, with a request for return receipt. This will ensure the mortgage lender did actually receive the payment by the due date.
Absolutely not. It is not like the old days where all the bankruptcy filings are published in the local newspaper. Today, cases are filed online and stored in a Federal database. To access that database you have to have a username and password. Rarely does the general public have this access. In the past, I have not had a problem with other people finding out that my clients have filed bankruptcy. You can be assured I take all the necessary steps to protect your privacy to the fullest extent.
Yes, in most situations we can pay the IRS back through your bankruptcy at 0% interest, reduce your balance owed, and come up with a very beneficial payment plan. Also, the bankruptcy will stop the threat of liens and levies being put on your property and or your bank accounts.
Due to identity theft we need to verify who you are with proper I.D. Bankruptcy is a big step in a lot of people’s lives and the last thing you should want is someone overhearing on the phone lines all your information. Also, you will want to discuss this privately with our interviewer. The appointment is FREE and will only take a short meeting.
The creditors have to be listed because you cannot give preference to which creditors are included in your bankruptcy.
If you receive a blank Proof of Claim form in the mail from the court, please disregard. You do not need to complete the form. A Proof of Claim is a signed statement describing a creditor’s claim. Once the creditor has completed a Proof of Claim on your debt, we provide a copy to you so that you can approve the amount being listed or object to the amount shown.
The mortgage company is claiming that you are behind in making your mortgage payments to them and they are requesting that the bankruptcy protection be removed from your home. You will need to provide proof of those missed payments to our office so that we may respond to them in a timely manner. You will need to send one payment for each month that you have been in bankruptcy. The dates on the checks do not matter. If you skip August’s payment and make September’s payment, it will apply to August. So, if you have been in bankruptcy for nine months, you will need to send proof of nine payments. You often are not required to attend this hearing. Our office will be in contact with you before the hearing to verify the information you have provided to us.
A creditor may choose not to accept online payments or even over the phone payments while you are in a bankruptcy. If a creditor is withdrawing funds from your checking account to make a payment it appears that they are attempting to collect on a debt which violates the Federal Bankruptcy Protection. They may require you to pay direct, via mail, with a money order or cashier’s check. We suggest that you choose this method and send via Certified Mail. This will give you a record of each payment sent during the bankruptcy.
Your mortgage company may not be the one that has forced your home into Foreclosure. It could be because of a past debt of yours. The best thing to do is come into our office for a FREE consultation so we can help you.
You and your spouse can file alone, separately or together. Just one of you can file as well. You do NOT both have to file. Once you come in I will advise you on which way would be best for you considering your situation. Many times it is not necessary for both you and your spouse to file and, in addition, there are many reasons why you may not want to file together.
You can surrender your liability on the vehicle in the bankruptcy and you will no longer be responsible for the debt and the creditor cannot collect this debt.
We are not able to protect your vehicle until your bankruptcy case is filed. If your Chapter 7 case fees are paid in full, we could file your case immediately to protect the vehicle. Otherwise, we can change your bankruptcy case to a Chapter 13, if you are eligible. The money that you have already paid towards your Chapter 7 case can go towards the filing fee for the Chapter 13 case and we can file immediately to protect your vehicle.
Every case is different; therefore, every fee is different. What I can promise you is that, together, we will come up with something that you can afford. I take this process very seriously. When it comes to stopping a foreclosure to save your home, stopping a garnishment or repossession, I will not let you leave my office over money. My main goal is for you to get the relief that you need to get back on your feet again.
We are unable to quote fees because every situation is different. However, when or if you come in, the attorneys will give you a price once they have evaluated your situation. We do not low ball you just to get you in the door like a lot of other law firms. We don’t want to mislead anyone. We do promise our fee is fair and affordable. We never let a client leave because they could not pay us. That’s not what we are about.
We do not have any set fees at Lee Law Firm. It would be unfair for us to go over your information over the phone or through our website and quote you a price. You need to come in and let the attorney’s look over your situation, see how much work is to be done, and they will set a price with you at that time. The consultation is FREE and we will be able to shed some light on your situation. If you need a payment plan Lee Law Firm will work with you. We have never had anyone leave our offices because of our prices.
As to property, the automatic stay remains in effect until it is lifted or terminated by the court or until such time as the property is no longer property of the bankruptcy estate. As to the debtor, the automatic stay remains in effect until the case is dismissed, the case is closed, or the debtor receives or is denied a discharge.
You have as long as you need, but your case will not be filed until the filing fees are paid.
Are being sued? If you are being sued, and you own a home, contact one of our knowledgeable representatives immediately about filing a bankruptcy. A bankruptcy will stop a lawsuit and can prevent your creditors from placing a lien on your home or garnishing your hard-earned income.
Is your home being foreclosed or is your car about to be repossessed? If you are being sued, and you own a home, contact one of our knowledgeable representatives immediately about filing a bankruptcy. A bankruptcy will stop a lawsuit and can prevent your creditors from placing a lien on your home or garnishing your hard-earned income.
Do credit cards or medical bills have you so deep in debt that it is hard for you to save for the future? If you are only paying the minimum payment on the credit card bills from month to month it can take you 10 to 20 years to pay off a $10,000 debt.
Do you really want to be in the same financial situation in twenty years? Chapter 7 bankruptcy can provide you with a fresh start that you are entitled to under the law and get you out of debt NOW.
When considering filing a personal bankruptcy, you want to be advised by experienced and knowledgeable attorneys that know all of the “ins and outs” of bankruptcy law. If you own a home or car or have other assets that you are trying to protect, it is more important than ever for you to find a qualified attorney. Attorneys who know a little bit about a lot of different areas of law, but not a lot about bankruptcy, are not going to be able to represent you like we can. At Lee Law Firm we spend almost all of our time on bankruptcy and getting people just like you out of debt. When you call a bankruptcy attorney for information regarding bankruptcy, ask him exactly how many bankruptcies he has done and see if his experience comes close to Lee Law Firm. Educate yourself about your options. More importantly, be educated by someone who is qualified like me who has helped over 10,000 people with financial relief in some capacity.
In regards to money owed to Lee Law Firm, we accept Debit card, Checking account ACH, Cash, and Money order.
Yes, as long as the payments are kept current. It is still advisable for you to “surrender” your interest in the vehicle so that he/she remains the responsible party on the loan.
If you had perfect credit, which very few people do prior to filing, it would affect your credit for a short time. Since most people have substantially damaged their credit prior to fling, in many cases it actually helps to raise your Credit Score and helps you start rebuilding your credit.
Our office will inform you if you need to attend. In most cases, you are not required to be there.
When you file for bankruptcy the Automatic Stay takes effect immediately and entitles you to get your Driver’s License back in most circumstances. Some of the circumstances when you have the right under bankruptcy law to get your license back are when it is suspended because of non-payment of a debt. Each circumstance is different and must be reviewed. Please confer with your paralegal.
Yes you can, but we need to get you in for a FREE consultation so the attorneys can look at your financial situation and determine what options you have.
Yes, in almost all cases in Texas you will be able to keep your possessions. This includes your house, cars, retirement accounts, furniture, electronics, jewelry, tools, pets, etc… I will do everything that I can do to make sure that you keep all of your belongings. One of my main goals as your attorney is to come up with a plan to keep all of your possessions!
For more information on bankruptcy exemptions click here
Any bankruptcy attorney must have a sophisticated understanding of bankruptcy law to deal with student loan and tax debts. In October 1998, a new law was signed into effect that disqualified all student loans from discharge. Lee Law Firm can still help you obtain relief from your student loan debts through the use of Chapter 13 bankruptcy.Under Chapter 13 bankruptcy, our attorneys can consolidate your student loan debt and arrange an interest free repayment plan.
For tax debts, you must have filed timely, truthful tax returns for the past three years. Of course, these are general rules and you should speak with a Lee Law Firm representative who will perform a detailed analysis of these issues.
Bankruptcy can be reported to your credit report for up to 10 years; however, you can begin to reestablish your credit right away.
Bankruptcy eliminates most, if not all of your debts. Once your debts are eliminated your debt-to-income ratio is reduced; therefore, potentially improving your ability to borrow money in the future. Some financial institutions actively solicit business from people who have filed. Many lenders have programs that provide for post-bankruptcy borrows to obtain home financing within a year or two after a discharge. Many of our clients even receive solicitations for unsecured credit cards almost immediately upon receiving their discharge. Our attorneys can help you sort through your post-bankruptcy credit options to prevent you from getting back into the credit card “trap”.
You cannot pick and choose which debts to list in your bankruptcy petition. You must list all of your debts, including credit cards and debts you owe to friends and family members. Intentionally leaving a debt off your bankruptcy petition is against the law. When you sign a bankruptcy petition, you are certifying under penalty of perjury that all of your assets and debts are listed. During the meeting of the creditors, you will also be asked under oath if all of your debts have been listed on the petition. Even though you have to list a particular debt, there is nothing in the law that prevents you from voluntarily repaying the debt after it has been discharged.
Usually, we can get a case filed within a couple of hours if needed. There are a few things that need to be done before a case can be filed. Our technology and setup at Lee Law Firm can achieve all of these things right here at our office. That way, when you leave our office, you leave with the knowledge and comfort of knowing that you are protected.
Every effort should be made to resume your regular mortgage payments if your Bankruptcy case includes mortgage arrears (payments that are delinquent). If you cannot make these payments, please contact your mortgage company and let them know of the situation. If your mortgage company needs a consent letter from our office to speak with you regarding this matter, please send us a request in writing and we will fax a letter to them. It is best to keep your mortgage company informed during the bankruptcy process. They will be more likely to work with you.
In the Northern District you are required to have your:
- Driver’s License or Passport and Social Security Card – originals only or receipt from the government entity that a new document has been ordered
- Your 3 most recent pay stubs or other proof of income – other proofs of income could include self-employed profit and loss statements, social security award/benefit letters, disability benefits, unemployment benefits, letter of retirement, or family contribution affidavits
- Last two years of complete, filed tax returns
These are mandatory items and the hearing officer will usually not begin the meeting without them.
You can re-file for bankruptcy (if eligible), possibly have your bankruptcy case reinstated (depending on the circumstances of the dismissal) or convert to a Chapter 7 (if eligible). Whatever you decide, time is very limited and you need to act quickly. Please call our office immediately to set up your attorney appointment.
You may attempt to contact your creditor to request statements. They may require a written release from our office allowing them to contact you for this limited purpose. However, some creditors will refuse to send monthly statements as it could be considered a “violation of the stay”, or a violation of the prohibition of your creditors contacting you in any way due to the Bankruptcy filing. You may just need to remember to make your monthly payments on time every month without the receipt of a statement.
You must provide all the income information for the household. We live in a community property state which means that your spouse’s income is also your income. Although your spouse is not filing you must still provide their income because they contribute to the household.
Send us your proof of payments. You will need to send one payment for each month that you have been in bankruptcy. The dates on the checks do not matter. Ex.: If you skip August’s payment and make September’s payment, it will apply to August. So, if you have been in bankruptcy for nine months, you will need to send proof of nine payments.
Yes, and most clients who resist later decide it was one of the best features of the bankruptcy case! It will increase the chances of successfully completing your bankruptcy. It will also be far more convenient for you because you will have a smaller amount deducted from each paycheck instead of having to mail off a lump sum payment each month.
Everyone is entitled to a fresh start. Many honest, hard-working people experience unexpected events. Have you had a sudden loss in income, a family medical catastrophe or a work injury? There are many numerous other difficulties that would have been almost impossible for which to plan. So many of our clients are people who have encountered unfortunate circumstances and just need to get a fresh start. We understand that for most of our clients bankruptcy is the last resort and we are here to help you determine if personal bankruptcy is the right decision for them.
You must ask yourself. Are the credit card companies concerned about your financial difficulties? We believe that it is very important for an attorney to provide both bankruptcy and non-bankruptcy alternatives. The attorneys at the Lee Law Firm believe in giving you our honest opinion as to what will put you in the best possible financial condition now and into your future. The client always comes first.
It is possible to purchase a house or a car while you are in bankruptcy. If you plan on financing the property, you will need to get court permission. Permission can be obtained several ways depending on the type of bankruptcy you are in and where you stand in the bankruptcy process.
In a Chapter 7
If you are a chapter 7 Debtor, you have two options. You can either wait until your case is discharged, or you can make the purchase once the 341 meeting has been held and concluded.
In a Chapter 13
If you are a chapter 13 Debtor, in order to incur new debt your case must be confirmed. If your confirmation hearing has been concluded our office will need to file a motion with the Courts for approval. You will need to consult with your attorney or paralegal to determine if there are any additional attorney fees involved. In order to have the motion filed, you must provide all finance documents, along with updated income and expenses. We will need to show the Courts that you will be able to afford this purchase. Once all items requested have been received your motion will be filed with the Courts.
If you are a chapter 13 Debtor in the Dallas Division and your case is confirmed, you can request permission from the Trustee. Please provide our office with the completed Incur Debt Packet. Once we receive the completed packet along with all requested documents, we will forward it to the Trustee. The Trustee will then review your request and provide you with their response in writing. However, not all Chapter 13 Trustee offices allow this procedure.
If you owe child support, yes she will be notified of the Bankruptcy. You are required to give us his/her last known address.
You may file separate. However, if you have joint debt it can affect your spouse. Please talk to us so we can help you weigh the benefits and risks.
You were given a set of Chapter 13 Instructions at your signing appointment. The amount owed and payment due date is included on those instructions. Just to reference that information, your First Trustee Payment is ALWAYS due exactly 30 days after your bankruptcy case has been filed. If you cannot locate the copy of your Chapter 13 Instructions, you can go to www.13datacenter.com and register with your case number and you can find out that information there. Please email Newcase@leebankruptcy.com to receive a copy of the instructions in your file.
At that time we will need to review your options with you and possibly look into filing a Chapter 13 Bankruptcy.
Generally, yes. This depends on which type of bankruptcy that you choose to file. This can be determined after your FREE consultation with us.
As explained to you in your Rights and Duties, we strongly suggest that you pull your money out of any bank that you have given a creditor banking information to. Open up a new account with a bank you do not owe a debt to and that a creditor is not aware of. This will protect you and your account from pending creditors.
You must file your income taxes before your case can be filed. You can come into the office for your signing appointment, but your case will not be filed until your income taxes have been filed.
Creditors can be added within 120/180 days of your case being filed. The fee to add creditors is a $41.00 amendment fee. This fee is charged by the US Bankruptcy Court to serve all creditors of the additions being made. The fee will allow you to add as many creditors as needed. We ask that you review your creditors listed in your petition and your credit report that was pulled for you before sending us your additions. Contact your paralegal at questions@leebankruptcy.com to add the creditor(s).