JOHN A. BANKER
Attorney at Law
Serving The White Mountain Area For Over 20 Years.
What Happens Next?
We don't do loan Modifications. We can Help with foreclosures...
What Happens - Next? Chapter 7:
- 1. You bring us the information we need and take the Credit Counseling course.
- 2. We prepare the petition, schedules, and other documents for you to sign.
- 3. After we file, you'll get a notice for your hearing in Flagstaff and a packet from the Trustee. Make an appointment to bring us the materials the Trustee wants.
- 4. You attend the hearing in Flagstaff and take care of any follow-up that the Trustee requires.
- 5. During the next 60 days you have to take care of any Reaffirmation Agreements on secured loans (house, car, etc.) you want to keep, and take the Debt Management course.
- 6. About 60 days from the date of your hearing, you will receive a Discharge, stating that your creditors (with some exceptions) no longer have the right to pursue you.
- 7. You still need to take care of any unfinished business with the Trustee. This includes the requirement to turn over tax refunds and copies of returns next April.
Chapter 13:
- 1. You bring us the information we need and take the Credit Counseling course.
- 2. We prepare the petition, schedules, and other documents for you to sign.
- 3. After we file, you'll get a notice for your hearing in Phoenix and a packet from the Trustee. Fill out and return the Trustee's questionnaire.
- 4. We'll make an appointment for you to go over and sign your Plan. You'll have to start making plan payments within 30 days of filing the Petition.
- 5. You attend the hearing in Phoenix and take care of any follow-up that the Trustee requires.
- 6. During the next 60 days the Trustee and creditors have a chance to comment, object, etc. to your Plan. We may have to negotiate with some of the creditors over the contents of the plan. You'll receive a Trustee's Evaluation indicating what steps need to be taken to get your Plan confirmed. We should go over this document in detail.
- 7. Once all the issues are resolved to the creditors' and Trustee's satisfaction, the Judge will sign an order confirming the plan. After that, everyone is required to abide by it.
- 8. After you make your last plan payment, you will receive a Discharge, stating that your creditors (with some exceptions) no longer have the right to pursue you. WHAT IF I AM GOING TO MISS A PAYMENT? Call us as soon as you're aware of a problem with making payments to your Trustee or your mortgage company. There are options, such as requesting a "moratorium" (a break in the action) or filing a modified plan. The worst thing you can do if you're going to miss a payment is ignore the problem and hope it goes away-you may put your entire case at risk of being dismissed.