It is impossible to predetermine how long a bankruptcy pleading will take. Much of it depends of which type of bankruptcy will be filed and how fast all the pertinent documentation can be gathered regarding his or her debts and income. Most individuals will hire a Santa Rosa bankruptcy attorney to guide them on whether they should file Chapter 7 or Chapter 13, the Chapter chosen will dictate the length of the process.
The least complicated and the most frequently filed form of bankruptcy is Chapter 7, this is a means used by those who do not have much in the way of assets that need to be protected. This person will use a Santa Rosa bankruptcy attorney to assist in filing all the papers that are required by the court. The most time consuming part of the process is gathering all the information on the debt and who it is owed to for the various forms that need to be completed. In many cases, the original creditor has sold the account to a collection agency to rid him or her of the immediate problem, and in these cases, it can be taxing to find out exactly what the debt load is.
The courts demand that the bankrupt person provides unaltered statements of income, any assets and past tax returns are an integral part of the filing. This information is a must, if the bankrupt person is not meticulous with his or her paper work, this may take time to find. The lawyer may assist by finding the collection agencies that have purchased the debt, but this may be difficult as the agency knows it stands to lose in the event of a bankruptcy, as the debt purchased in almost always unsecured.
Once all the paperwork has been collected and completed, the rest is relatively smooth sailing and normally the case would take up to a month or two. This signifies the end of all debts except back taxes, student loans, and court fees. Once a Santa Rosa bankruptcy attorney has been hired, all collection procedures will stop as any calls from creditors can simply be forwarded to the attorney to handle.
Chapter 13 will take longer as there are complex negotiations that must take place to establish an equitable repayment plan and then have it approved by the court.
If you need a Santa Rosa bankruptcy attorney you are invited to contact Bialkin Law for a free consultation and immediate service for your claim. Call the website to schedule a meeting with attorney Robert Bialkin.
