What to Expect When You File Chapter 7 Bankruptcy with My Office

Published    •   Updated

Board Certified Michigan Bankruptcy Attorney Walter Metzen explaining the Chapter 7 bankruptcy filing process from consultation through discharge.

For many people, making the decision to file Chapter 7 bankruptcy is the hardest part of the entire process. Most of my clients tell me that they wish they had called me sooner. They spent months, and sometimes years, worrying about bills, collection calls, lawsuits, wage garnishments, and sleepless nights before finally deciding to seek legal advice.

The good news is that the bankruptcy process is usually much easier than people imagine.

Step One: Fill out my Bankruptcy Starter Packet

The first step is simple. Fill out my Bankruptcy Starter Packet as best you can. This packet is a quick questionaire that helps me get a picture of your present financial situation. It’s easy and should not take more than about 1/2 hour to fill out. You can print it out or fill it out online. Once filled out, give me a call to go over it together.

Step Two: Schedule a Free Consultation

The first step is simple. I offer free phone and in-person bankruptcy consultations so that we can sit down and determine whether Chapter 7 bankruptcy is the right solution for your financial situation.

During our meeting, I will carefully review:

  • Your income and expenses
  • Your debts
  • Your assets
  • Any recent financial transactions
  • Whether you qualify for Chapter 7 under the Bankruptcy Code

Just as importantly, I want to make sure all of your property is protected.

One of the first questions people ask is:

“Am I going to lose my house or my car?”

Fortunately, in the overwhelming majority of the Chapter 7 cases I file, my clients lose nothing. Most of my Chapter 7 cases are “No Asset” cases, meaning the Chapter 7 Trustee does not sell any of the client’s property because everything is protected by bankruptcy exemption laws.

My Goal Is a Successful Discharge

Every bankruptcy case is different, but my goal is always the same:

To obtain your bankruptcy discharge while protecting all of your assets.

In a typical Chapter 7 case that I accept for filing, my discharge rate is 100 percent.

That doesn’t happen by accident.

Before your case is filed, I spend the time necessary to make sure everything has been properly disclosed, all required documents have been reviewed, and every legal issue has been addressed before the petition is filed with the Bankruptcy Court.

You Can Meet Me in Person—or Complete Your Entire Case Remotely

I enjoy meeting my clients personally and prefer having consultations in my office whenever possible. I believe it allows us to get to know one another and gives clients the opportunity to ask questions face-to-face.

However, I also understand that many people have busy schedules, transportation issues, health concerns, or simply prefer the convenience of handling everything from home.

Today, your entire Chapter 7 case can be completed remotely.

That includes:

  • Your initial consultation
  • Reviewing and signing your bankruptcy documents
  • Providing your financial documents electronically
  • Completing your required credit counseling course online
  • Attending your Meeting of Creditors

In fact, in the Eastern District of Michigan, all Chapter 7 §341 Meetings of Creditors are now conducted by Zoom. There is no longer a need to appear at the federal courthouse for this hearing.

Documents You’ll Need to Provide

Every Chapter 7 Trustee is required to verify the information contained in your bankruptcy schedules.

Although individual Trustees may request additional documents, most Chapter 7 Trustees require copies of:

  • Recent federal and state income tax returns for the past 2 years
  • Pay stubs or proof of income
  • Recent bank statements
  • Photo identification
  • Social Security card or other proof of your Social Security number
  • Statements showing retirement accounts
  • Vehicle titles, if applicable
  • Mortgage statements or real estate information, if you own a home
  • Information regarding any lawsuits, inheritances, or claims you may have

Before your case is filed, my office will tell you exactly what documents are needed and help you gather everything required.

Filing Your Bankruptcy Case

Once all of the necessary information has been reviewed and your petition has been signed, your Chapter 7 bankruptcy case is electronically filed with the Bankruptcy Court.

Immediately upon filing, the Automatic Stay goes into effect.

This federal court order generally stops:

  • Collection calls
  • Lawsuits
  • Wage garnishments
  • Bank levies
  • Repossessions
  • Foreclosures (at least temporarily)
  • Most collection activity

For many clients, this is the moment they finally experience relief after months of financial stress.

The Meeting of Creditors

Approximately one month after your bankruptcy is filed, you will attend your Meeting of Creditors, commonly referred to as the 341 Meeting.

Despite its name, creditors rarely appear.

Instead, the hearing is conducted by the Chapter 7 Trustee, who asks a series of routine questions under oath regarding the information contained in your bankruptcy petition.

Most meetings last only five to ten minutes.

Because these hearings are conducted by Zoom, many clients are able to attend from the comfort of their own home.

Receiving Your Bankruptcy Discharge

Assuming there are no unusual issues, the Bankruptcy Court will generally enter your Discharge Order approximately two months after your Meeting of Creditors.

This discharge permanently eliminates your legal obligation to pay most unsecured debts and gives you the fresh financial start that bankruptcy is designed to provide.

Which Debts Are Usually Discharged?

A Chapter 7 bankruptcy typically eliminates debts such as:

  • Credit card debt
  • Medical bills
  • Personal loans
  • Payday loans
  • Collection accounts
  • Deficiency balances following repossessions
  • Most judgments
  • Many old utility bills

For most people, these are the debts causing the greatest financial hardship.

Which Debts Usually Are Not Discharged?

Certain debts generally survive Chapter 7 bankruptcy, including:

  • Most recent income taxes
  • Child support
  • Spousal support (alimony)
  • Most student loans, unless a separate hardship proceeding is successful
  • Criminal fines and restitution
  • Debts incurred through certain types of fraud or intentional misconduct

During your consultation, I will explain which of your debts are dischargeable and discuss any exceptions that may apply to your situation.

Attorney Fees Must Be Paid Before Filing

Many prospective clients are surprised to learn that bankruptcy law generally requires my attorney fees for a Chapter 7 case to be paid in full before the bankruptcy is filed.

There is an important legal reason for this.

Once your Chapter 7 case is filed, any unpaid attorney fees owed for services rendered before filing would generally become just another dischargeable debt—just like your credit card balances or medical bills.

Because of that, bankruptcy attorneys cannot typically allow clients to pay pre-petition legal fees after the case has been filed.

My office keeps attorney fees very reasonable, especially considering the amount of work involved in preparing a Chapter 7 bankruptcy properly. Careful planning before filing is often what makes the difference between a smooth, successful bankruptcy and unnecessary complications.

A Fresh Financial Start

For most people, Chapter 7 bankruptcy is not the end of their financial story—it is the beginning of a new one.

If you are overwhelmed by debt, don’t assume there are no options available. A brief conversation may answer many of your questions and help you understand whether bankruptcy is the right solution for you.

If I determine that Chapter 7 bankruptcy is appropriate for your situation, my goal is to guide you through every step of the process, protect your assets, obtain your discharge, and help you move forward with confidence toward a fresh financial start.

What You Get When You Hire Me

When you hire my firm to handle your bankruptcy, you are not hiring someone who occasionally handles a bankruptcy case. Bankruptcy is all I do. I have devoted my entire legal career to representing people who need bankruptcy relief, and I have represented more than 25,000 people during my career.

I am a Board-Certified Specialist in Consumer Bankruptcy. That certification reflects a level of experience and knowledge that goes beyond simply having a law license and filing bankruptcy cases. When you are facing something as important as your home, your wages, your vehicle, and your financial future, I believe you should have an attorney who concentrates exclusively on this area of law.

I have also practiced bankruptcy in the Eastern District of Michigan for more than 30 years. During that time, I have gotten to know all 21 of the Bankruptcy Trustees in our district. I have known many of them since before they became trustees. That experience and familiarity matters. Bankruptcy is not just about knowing what the Bankruptcy Code says. It is also about understanding how bankruptcy cases actually work in the courtroom and how the trustees and judges approach the issues that arise in a case.

I regularly practice before all of the bankruptcy judges in the Eastern District of Michigan. I have also had the opportunity to work with some of our judges in preparing materials for bankruptcy conferences and seminars. I am a frequent speaker at local bankruptcy seminars, and I regularly attend bankruptcy conferences in both the Eastern and Western Districts of Michigan. I believe that continuing education is important because bankruptcy law and bankruptcy practice are constantly changing.

Bankruptcy Experience Matters

One of the things I tell prospective clients is that there is a big difference between filing a bankruptcy case and knowing how to handle a bankruptcy case.

Most bankruptcy cases are relatively routine, but occasionally an issue arises that requires experience. A trustee may have a question about an asset. A creditor may object to something in the case. There may be a problem with a mortgage, a vehicle, exemptions, income, or the means test. Sometimes a case that appears simple at the beginning becomes more complicated after it is filed.

When those situations arise, I believe my experience makes a difference.

After more than 30 years and more than 25,000 consumer bankruptcy cases, I have seen just about every type of problem that can arise in a consumer bankruptcy case. I know the trustees. I know the bankruptcy process. I regularly appear before the judges. And because bankruptcy is the only area of law that I practice, I spend my working days dealing with bankruptcy issues.

That is what you get when you hire me: not just someone to prepare and file your bankruptcy paperwork, but an experienced bankruptcy attorney who has spent more than three decades concentrating on helping people obtain a fresh financial start.

Walter Metzen

For over 35 years, Michigan Bankruptcy Lawyer Walter A. Metzen has represented thousands of consumers needing a fresh financial start. All bankruptcy attorneys at our office pride ourselves in giving personal attention to our clients. Our bankruptcy law firm primarily represents individuals and small businesses, not large corporations. We believe that bankruptcy is an honest solution to debt problems and offer free initial consultations to determine if we can help you.

Get Started

Filing Personal Bankruptcy Is About Starting Over

Call 313-962-4656 or email us to schedule a free initial consultation!

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