As soon as the case is filed, we let you know the 341A date and time, and all other case details by email. You’ve been working with us toward the TFD, so you are expecting that email. You’ll know 30 – 40 days’ notice in advance when you need to go to the 341A hearing.
We may notify courts that have pending lawsuits if applicable, and let your payroll department know if your wages are being garnished, etc. depending on the case requirements the same day as the filing, or the next business day if there’s no urgency.
We have a series of emails and texts that we will send you to manage the postpetition process. We have very sophisticated “campaigns” programmed on a cloud-based system that has all your unique case information in it and will automatically send you texts and emails based upon your 341 date and other case data. Of course, it also has reminders for our staff so we are also aware of scheduling and other issues in your case. We call you as the need arises.
Soon after your case is filed we send you the Debtor Education course that you need to complete in order to get your discharge order. We have you do it prior to the 341A meeting. This is important because you want to be finished with the case when you walk out of that meeting, at least as to tasks. Most clients will be done at that point, and may need to do nothing other than wait for the discharge order to come about 3 months later. The section on 341A meetings is here and covers both Chapter 7 and Chapter 13 cases.
Almost everyone needs to attend the 341A hearing just once. That is true even if the Chapter 7 Trustee wants follow up documents or information. A repeat Chapter 13 341A hearing is also extremely rare.
In Chapter 13 bankruptcy there is also the need for a “confirmation hearing” before the judge. Clients never go to that meeting, only the attorney goes. If the case is on the “consent calendar” because the Chapter 13 Trustee believes the case is ready to be confirmed, then even the attorney need not attend. The Trustee will recommend confirmation and the judge will approve the case. Only if there are unresolved issues does the attorney attend. At LeverLaw we typically get about ¾ of our cases on the consent calendar. More importantly, our confirmation rate is in the high 80 percentile after many years of cases, more than twice the Chapter 13 average. Even more importantly, almost all our clients successfully complete their Chapter 13 plans, since we do a lot of financial planning prior to filing.
Most cases go very smoothly. However, there are cases in which a Trustee can be aggressive, or misunderstand some key facts, and you have to have an attorney who can jump in and set things straight. That’s where LeverLaw excels, and why it’s important to have an attorney with 25+ years’ experience in your corner.
In most normal case, there may also be vehicle financing that has to be dealt with. We have a Dealing with Wheels section that explains that.
In general, the postpetition phase of the case is the easier part in Chapter 7 cases, and to a lesser extent that is also true in Chapter 13 cases. We’ve done all the hard parts, now we just need to execute.
