Bankruptcy Process

For many people wondering whether bankruptcy is right for them and knowing where to get started can be overwhelming. The first step in the bankruptcy process is contacting a licensed, experienced, Montgomery bankruptcy lawyer who has a working knowledge of the bankruptcy laws. It is important that you meet with them face to face so that you can provide all the information required under the bankruptcy laws and so that you can get your questions answered. At The Sellers Law Firm, your consultations are always free and give us a chance to explain your options and address concerns you have about your individual situation. We want to get to know you and your financial situation! The initial consultation takes approximately 45 minutes - 1 hour. If after meeting with you and taking a look at your situation we determine that bankruptcy is the best option for you, our bankruptcy lawyers set a second appointment for you to come back in and sign the bankruptcy petition. Your second appointment lasts approximately 1 hour because it is at this appointment that one of our Montgomery bankruptcy lawyers will sit down with you and go over all the information contained in your bankruptcy petition before it is signed and filed with the U.S. Bankruptcy Court. Once you have reviewed and singed your petition, it is filed with the appropriate court and a case number is assigned. The filing of your petition puts a “stay” of protection in place for you, your property and your wages. The “stay” means that none of your creditors can take any action against you. This will stop all garnishments, lawsuits, foreclosures, repossessions, and harassing phone calls.

Within 4-8 weeks of filing your bankruptcy petition, the 341 Meeting of Creditors will be held, which is a hearing required by law where the case trustee will take testimony under oath to verify the information set out in your signed, filed petition. The trustee is not a judge, but is an attorney with the bankruptcy trustee’s office. Your bankruptcy lawyer is present with you during this hearing, and most hearings take actually less than 5 minutes! This process is the same for both Chapter 7 and Chapter 13 debtors. For most individuals, this is the only hearing they are required to attend; however, sometimes during the course of your bankruptcy case other hearings may be necessary. For example, if a Chapter 13 debtor gets behind on their home mortgage payments or behind on their Chapter 13 plan payments, another hearing may be required. Once you have attended the 341 Meeting of Creditors, your case is set for confirmation by the Court. Usually, only your Montgomery bankruptcy lawyer needs to be present at confirmation; your presence is rarely required. Chapter 13 cases are confirmed and the debtors then continue making the scheduled plan payments for the required period of time, between 3-5 years. Unlike Chapter 13 debtors, Chapter 7 debtors do not make monthly payments to the court and normally receive a discharge within 4-6 months from the date they filed. All hearings require that you swear or affirm to tell the truth under oath.

The process of filing bankruptcy is not a process that anyone wants to go through; however, it is often a process that cannot be avoided! The Montgomery bankruptcy lawyers at The Sellers Law Firm have helped thousands of individuals and families statewide save their homes, their cars and their hard earned wages. If you are facing tough times and need help, call today for your free consultation. Let our experienced bankruptcy lawyers give you the help and hope you deserve.

For many years, we had numerous clients ask us, “Why don’ you have an office near me?” We answered the “near me” question by creating four offices in Central Alabama. The Sellers Law Firm has offices in Montgomery, Selma, Greenville, and Troy. Let one of our experienced bankruptcy lawyers help you today. Our consolations with our experienced bankruptcy lawyers are always free! Call us at 334-LAWYERS (529-9377) and set an appointment to discuss your financial issues. You may also use the “text us” link or Contact Form on our website or emails us at bsellers@sellerslawfirm.com. Remember that doing, nothing changes nothing so call us today!

Client Reviews
The Sellers Law Firm represented me in my social security case, and later in my Chapter 7 bankruptcy. I have been very happy with all that you have done for me, and I refer people to you all the time. Thanks for all that you have done for me and my family.
★★★★★
I would like to start out by saying Brandon sellers is more than a lawyer that has helped my family out in numerous occasions but he's also a great friend to our family. Whenever he can't find a resolution for the problem he always recommends somebody that can. I've known him for years grew up together always been really good friends. I like to say in closing I'm really glad I know him I'm glad he's been able to help us when we've needed him. Thanks for everything you've done. Timothy Palmer
★★★★★
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