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Rights & Responsibilities
The Rights and Responsibilities of Chapter 13 Bankruptcy for Debtors and their Attorneys are a list of guidelines provided by the court to advise debtors of their obligations and the responsibilities of their attorneys.
As an experienced Chapter 13 Bankruptcy Attorney, I have been through this process many times. I understand my responsibilities and will help you know yours throughout your bankruptcy. Having filed thousands of bankruptcies, I assist debtors through their Chapter 7 or Chapter 13 bankruptcy in Riverside, Orange, San Bernardino, Los Angeles, and San Diego Counties.
As an experienced Chapter 13 Bankruptcy Attorney, I have been through this process many times. I understand my responsibilities and will help you know yours throughout your bankruptcy. Having filed thousands of bankruptcies, I assist debtors through their Chapter 7 or Chapter 13 bankruptcy in Riverside, Orange, San Bernardino, Los Angeles, and San Diego Counties.
Before Chapter 13 Voluntary Petition Filing
The debtor agrees to provide their attorney with proof of their attorney with a photo ID (usually a California Driver’s License) and proof of their social security number or tax identification number. The first thing the trustee of the case will request is proof of identification, so the debtor needs to provide those documents at the beginning of the process. The debtor must provide complete and accurate financial information, including income, assets, debts, and liabilities. Using your financial information, your attorney can explain your options while you explain your objectives in filing for Chapter 13 Bankruptcy. An experienced attorney can explain the entire process and what outcomes to expect for you, compare this with your objectives, and suggest your best course of action. The debtor ultimately must determine what type of bankruptcy to file.
The debtor agrees to provide their attorney with proof of their attorney with a photo ID (usually a California Driver’s License) and proof of their social security number or tax identification number. The first thing the trustee of the case will request is proof of identification, so the debtor needs to provide those documents at the beginning of the process. The debtor must provide complete and accurate financial information, including income, assets, debts, and liabilities. Using your financial information, your attorney can explain your options while you explain your objectives in filing for Chapter 13 Bankruptcy. An experienced attorney can explain the entire process and what outcomes to expect for you, compare this with your objectives, and suggest your best course of action. The debtor ultimately must determine what type of bankruptcy to file.
As an attorney helping you file for bankruptcy, I agree to review all your financial statements, advise you on your options, and whether I suggest you file under Chapter 7 or Chapter 13. The means test will typically decide what type of bankruptcy you will file; however, some debtors have a choice. I will take time for these debtors to explain their situation and how each option will affect them during bankruptcy. I will answer all your questions regarding these choices and the general bankruptcy process. We will provide links and information about obtaining a credit counseling certificate by completing the required debtor financial management courses. Debtors filing for Chapter 13 bankruptcy must have completed their federal and state income tax returns to date. I will prepare you for your 341A Meeting of Creditors and explain how the trustee will conduct the hearing. My staff will tell you when your meeting is, the date and time, and explain how to enter the meeting. With your help I will be able to file your petition, plan, statements and schedules in a timely manner.
Fees and Payments During Chapter 13 Bankruptcy
During your Chapter 13 bankruptcy, you will make some payments directly to creditors, and others will be made through your Chapter 13 plan. As your bankruptcy attorney, I will advise you on how to make your payments going forward. Some claims, such as mortgage and vehicle loan payments, accrue interest, so how you will pay down these secured debts must be explained to you. Our team will teach you how to use TFS to make electronic payments. Your first payment will be due within 30 days of your petition filing date. Our firm requires a partial payment upfront to file bankruptcy, but you will pay most of the cost through the payment plan. The trustee's fees will all go through the payment plan. As the debtor, you must maintain insurance and be up to date on all motor vehicles during a Chapter 13 bankruptcy. The trustee may request proof of insurance, and they will require your Vehicle's Declaration Page, not your Proof of insurance card.
During your Chapter 13 bankruptcy, you will make some payments directly to creditors, and others will be made through your Chapter 13 plan. As your bankruptcy attorney, I will advise you on how to make your payments going forward. Some claims, such as mortgage and vehicle loan payments, accrue interest, so how you will pay down these secured debts must be explained to you. Our team will teach you how to use TFS to make electronic payments. Your first payment will be due within 30 days of your petition filing date. Our firm requires a partial payment upfront to file bankruptcy, but you will pay most of the cost through the payment plan. The trustee's fees will all go through the payment plan. As the debtor, you must maintain insurance and be up to date on all motor vehicles during a Chapter 13 bankruptcy. The trustee may request proof of insurance, and they will require your Vehicle's Declaration Page, not your Proof of insurance card.
