When Is My Bankruptcy Case Filed?

07 Oct When Is My Bankruptcy Case Filed?

What does it mean to “file a bankruptcy” and when does it happen. Many of my clients consider that they have “filed bankruptcy” when they have come in to see me. That is obviously an important first step, but it’s only a first step. There’s still a lot of work left to be done at that point.

To your bankruptcy attorney, filing a bankruptcy case probably means that the official paperwork (which your attorney has prepared with information you provide, which you have then read and signed) has been filed with the bankurptcy court. That is the “petition date” and it is from that point in time that you get the benefit of a bankruptcy.

To a certain extent, “filing bankruptcy” is a process–consulting an attorney, gathering informtion, filling out forms, reviewing and signing paperwork, attending a meeting of creditors. It will take a certain amount of your time and attention all along the way. Your attorney should help you understand that process, and the time those steps take.

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Däna (pronounced "Donna") Wilkinson, has been a bankruptcy lawyer in South Carolina for 20 years. She is certified as a bankruptcy specialist by the South Carolina Supreme Court.
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