I’m filing bankruptcy and been to my first appointment and now I have my second appointment what is it going to be like any ideas? I was really nervous the first appointment the lawyer had to tell me to calm down and take a breather even..Please no nasty remarks.
Thank you so much for you help.
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He will need to meet with you to set up a program that is required under the new bankruptcy laws. They are as follows:
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file. They also must complete a debtor education course to have their debts discharged.
The Department of Justice’s U.S. Trustee Program approves organizations to provide the mandatory credit counseling and debtor education. Only the counselors and educators that appear on the U.S. Trustee Program’s lists can advertise that they are, indeed, approved to provide the required counseling and debtor education. By law, the U.S. Trustee Program does not operate in Alabama and North Carolina; in these states, court officials called Bankruptcy Administrators approve pre-bankruptcy credit counseling organizations and pre-discharge debtor education course providers.
Counseling and Education Requirements
As a rule, pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file.
In general, you must file a certificate of credit counseling completion when you file for bankruptcy, and evidence of completion of debtor education after you file for bankruptcy – but before your debts are discharged. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program may issue these certificates. To protect against fraud, the certificates are produced through a central automated system and are numbered.
A pre-bankruptcy counseling session with an approved credit counseling organization should include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about 60 to 90 minutes, and can take place in person, on the phone, or online. The counseling organization is required to provide the counseling free of charge for those consumers who cannot afford to pay. If you cannot afford to pay a fee for credit counseling, you should request a fee waiver from the counseling organization before the session begins. Otherwise, you may be charged a fee for the counseling, which will generally be about $50, depending on where you live, the types of services you receive, and other factors. The counseling organization is required to discuss any fees with you before starting the counseling session.
Once you have completed the required counseling, you must get a certificate as proof. Credit counseling organizations may not charge an extra fee for the certificate.
The shame of bankruptcy is not what it once was. Millions of Americans have chosen to wipe their slates clean and take a big step forward to rebuilding their futures. Although the decision to pursue bankruptcy protection is often hard to make, one can only struggle with penalties, late fees, mounting interest and creditors for so long.
Bankruptcy may not be the right choice for you, but you owe it to yourself to invest some time understanding all of your options. Eliminating your debt while maintaining your credit is a possibility why not seize the opportunity? A fresh start may be the key to success. Think hard and long before you consider this!
I went through the same thing a couple of years ago. Fortunately, my atty. was very kind and helpful. I expressed to her that I felt guilty for taking that route & not paying my debts, but that I had no other option. She was very sympathetic, and said that bankruptcy attys understand that and just want you to get through the process because they know it’s for your own good.
You know you will lose everything you have…right?…I would say that I would go to the ends of the earths, free financial councillars and the like to not file…it’s really a bad rap for you.
It also is really bad for the people of this country, I don’t know how bad it is for you, but others get denied if you don’t really need it. Apparently you have enough $ to have a computer and are connected to the internett, how bad could it be…that is not a nasty comment it is real…
The lawyer works for YOU. No need to be nervous.
You may want to make a list of questions you want answered. That way you’ll be prepared.
Your attorney has probably prepared your bankruptcy petition and other paperwork that he wants to review with you. This is to make sure that he has listed all of your creditors on it. The court will use this petition to send a letter to your creditors telling them that there is an automatic stay in effect and that they are not to contact you, etc.
He will also go over with you your exemptions – that is things that you can keep out of your bankruptcy proceedings and maybe ask you to prepare a list.
Have you looked into other means of getting out of debt? If your finances are meager or you’re not working, you might consider waiting until the statute of limitations expires on your debt, but in some states this can be as high as 15 years. If the statute of limitations in your state is low, and your debts are near it, you might consider waiting it out. Negative items will fall off your credit report faster than a bankruptcy. This may not work for you, depending on your situation. I only mentioned this because there is a section about this in the ‘Bankruptcy for Dummies’ book that I read in the book store a few weekends ago. Be wary of advice from your bankruptcy attorney. They are not going to dissuade you from filing, even when it is not in your best interest since they are out to make money. I’m not saying that your attorney is not in your court, but it’s always helpful to do research on additional means.
Some of the comments left by others for your question are inaccurate and made no sense so I hope that my response is helpful to you. Good luck, and please don’t feel ashamed or embarassed. Millions of Americans declare bankruptcy every year, and for many people it has helped them get back to saving money again. I wish you the best!
The second meting, you will give them more of an indication as to exactly how much you owe and to whom. You want to make sure to tell the lawyer about EVERYTHING..so ANYONE you owe money to will be notified and your butt will be covered. This is NOT the time to feel ashamed. This is BUTT COVERING TIME. You want to make sure that you are protected!!!!!!
don’t worry about it he will work for you and will help you out make it as little trouble for you so go in with your head up and do not be embarrassed at all people go through this every day and have had no trouble