Bankruptcy Rule of Procedures

Macon Georgia Bankruptcy Lawyer | Bankruptcy Attorney Macon GA

The rules that regulate procedures in a bankruptcy in the United States Bankruptcy Court has significant difference from those followed in civil and criminal trial courts of the federal judicial system. Bankruptcy cases follow the Bankruptcy Code of Procedure. The rules outline specific steps and elements that must be included for the process to be completed successfully.

Debt Counseling

Current revisions have made credit counseling an integral part of bankruptcy filing. Thus before an individual files for bankruptcy, he has to obtain debt counseling and education from a government approved credit counseling center. Failure to obtain credit counseling will be against bankruptcy rule of procedures and hence bankruptcy petition would be rejected. Credit counseling is mandatory only for individuals filing for bankruptcy and businesses do not have to go through this.

Petition

Preparation and filing of bankruptcy petition must be done very accurately and in accordance with the US Bankruptcy Code. All components of the bankruptcy petition must be accurately completed and should be submitted with all supporting documentations in the bankruptcy court. Nothing should be left unsaid or unrevealed. Do not leave any factual issues unanswered since this could lead to the bankruptcy petition being dismissed.

While filing petition care should be taken to ensure that local rules are also adhered to with precision. Make the appropriate number of copies of the petition and documentations in evidence to be submitted.

Creditors

According to rule of procedures, debtor should provide bankruptcy court with complete listing of his creditors. No one must be missed or not mentioned. The list of creditors should include their addresses as well as account numbers. In the event if debtor not satisfying the above criteria, debtor might have to face case dismissal.

Proof of Claim

All creditors mentioned in the bankruptcy filing are mailed by bankruptcy court “Proof of Claim” as soon as petition is filed. These forms have to be filled in by creditors and subsequently submitted in court to advise the court regarding claims that they are making against assets available for satisfying the debt. The court sets the date by which the Proof of Claim documents must be received from creditors.

Meeting with Trustee

The Trustee’s Meeting is where debtor is called before official Trustee in a bankruptcy. Debtor is sworn in by trustee and made to answer questions under oath regarding assets, liabilities and ongoing bankruptcy case.

Adversarial Proceeding

If there is a challenge by a creditor against discharge of debts of debtor through bankruptcy, creditor needs to file a petition with court according to rule of procedure. This is adversarial proceeding and usually includes a trial prior to discharge of debts in the bankruptcy case.

Discharge

This is the final step and in this discharge of debts is ordered officially by court.

Contact a seasoned bankruptcy attorney in Macon if you need debt relief assistance or want to file bankruptcy.