Gurnee Bankruptcy Lawyer Describes When A Person Has Actually Filed ...

When someone hires my firm they have obviously put something down towards their representation.  Maybe not the entire fee, but they probably put down at last $100.00 to get on the payment plan and to hire the firm.  At that point they have done just that, they have hired the firm.  They have not officially filed for bankruptcy protection. 

However, once you hire the firm you are able to refer creditors to me, and my office will represent to those creditors that you have in fact hired the firm, and that all correspondence needs to go through my office.  The bankruptcy case will actually be filed officially with the court when in fact the fees are paid, and all the pre-bankruptcy requirements have been satisfied. 

Those requirements include a credit counseling session with an approved provider of the credit counseling material.  Two months’ worth of paycheck stubs or other forms of payment proof, and one year of a Federal tax return filing.  Under Chapter 13 credit counseling must be completed, four years of Federal tax return must be provided, as well as, two months of paycheck stubs. 

Once those items are provided, and the fees are paid your case will be filed electronically with the U.S. Bankruptcy court.  At that time the court will spit out a case number, a court date, and all other notices.  So until your case is actually filed, you are not afforded bankruptcy protection, per se.  You will have the protection of the office representing you and handling your phone calls, but collection activity such as court actions, do not have to cease until the bankruptcy case has actually been filed.