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In Business Since 1983
In Business Since 1983
706-322-8557

Information for Chapter 7 Clients in Columbus


You will receive notice of your 341(a) Meeting of Creditors a few days after filing your Chapter 7 petition. Your attendance is required. You are required to show some form of picture identification and proof of your Social Security number during the hearing. Please see our General Information for Our Valued Chapter 7 and Chapter 13 Clients page for the exact address and map.
Please arrive on time and be prepared to show the picture identification and proof of social security number. In addition, if you have a home and/or automobile financed which you intend to keep and reaffirm, you will need to be prepared to show proof of casualty/fire insurance on your home and full coverage insurance on your automobile, naming the mortgage holder/lien holder as loss payee.
What to Expect at Your 341 Meeting of Creditors
The Chapter 7 trustee will ask the following questions after receiving your picture ID and proof of your social security number:
  1. Your name?
  2. Your address?
  3. Have you read the bankruptcy information sheet? (This sheet is included in the package of information we gave you when you signed.)
  4. Did you provide the information in the schedules and statements in the bankruptcy? (This is the information you gave me that we put in the bankruptcy petition and schedules that were filed.)
  5. Is the information true and correct?
  6. Did you sign the schedules and statement of affairs?
  7. Did you read the bankruptcy petition, schedules and statement of affairs before you signed it?
  8. Are you familiar with the information contained in the petition, schedules and statement of affairs?
  9. Is the information in that petition, schedules and statement of affairs correct to the best of your knowledge and belief?
  10. Are all of your debts and all of your liabilities included in the bankruptcy?
  11. Have you ever filed bankruptcy before?
  12. (If you own a house or real property) When was the house purchased, and for how much? When was the loan made? If there is a second mortgage, when was it made, and how much are the mortgage(s)?

There are other hearings which may be scheduled during the pendency of your Chapter 7 case. These hearings include, but are not limited to, a creditor's motion for relief from stay. You will be required to attend these hearings unless the motion is withdrawn prior to the hearing date. You should contact our office upon your receipt of any motion so that we can obtain the information we need to resolve the issue.
If an emergency ever arises which makes it impossible for you to attend any court hearing, please notify our office immediately.
Insurance
You are required to maintain casualty/fire insurance on your home and full coverage insurance on your automobile and name the mortgage holder/lien holder as loss payee. Please provide our office with a copy of the declaration page for our files. Your failure to maintain the insurance could result in the creditor seeking relief from the stay and you could ultimately lose your home and/or automobile.
Court Hearings
It is your responsibility to attend all court hearings unless otherwise instructed by our office. Your failure to do so could result in the dismissal of your case or the loss of property.
Address and Employment Changes
You are required to keep our office informed of your current address, telephone number and employer's name and address. Please use the forms provided on our General Information for Our Valued Chapter 7 and Chapter 13 Clients page to notify us in writing of any changes. We will notify the court and the trustee's office.
Reaffirmed Debts
If you are retaining any property which has a lien, you will be required to reaffirm that debt with the creditor. You should continue to make payments to any secured creditor which you are reaffirming during the pendency of your bankruptcy. Your failure to do so could result in the creditor refusing to allow you to reaffirm the debt and obtaining relief from the stay to foreclose or repossess the property securing the debt.
Complaints to Determine Dischargeability of a Debt
Sometimes, a creditor will file a motion with the court to determine if their debt is dischargeable. You must realize this is a separate action and will result in additional attorney's fees. There are time limits for filing answers and additional court hearings on these types of complaints. If you receive one during your case, you should immediately contact our office to schedule an appointment to meet with Columbus, Georgia, bankruptcy lawyer Brace W. Luquire to discuss the complaint.
Debtor Education Course
You MUST attend a debtor education course prior to your getting a discharge. During your 341 Meeting, we will provide you with information necessary for you to complete this course. You will probably receive solicitations/advertising through the mail from various companies offering this course. As these companies generally charge a higher fee for the course, please disregard those and wait for the information from our office. Please see our General Information for Our Valued Chapter 7 and Chapter 13 Clients page for information on the course.

Who is my trustee?

There are several trustees. You will receive a notice from the bankruptcy court with the name, address and telephone number of the trustee appointed on your case.

What do I do when a creditor attempts to collect a debt via the telephone or mail?

If they call you, simply tell them that you have filed a Chapter 7, provide them with your case number and refer them to our office. If they mail you a statement or threatening letter, simply note on the correspondence that you have filed Chapter 7 and your case number and mail the correspondence back to them.

What if I am served with a lawsuit, garnishment or foreclosure/repossession notice?

Simply bring the lawsuit, garnishment or foreclosure/repossession notice to our office and we will take care of it.

What if I have a codebtor, cosignor or guarantor on a debt or debts?

Your discharge does not protect a codebtor or guarantor. The creditor can pursue collection activity against the codebtor or guarantor.

What if I fail to list all my creditors in my initial petition?

You can add creditors to your bankruptcy after the filing and prior to your discharge being entered upon the payment of an amendment fee and so long as the debt was incurred prior to your filing. Please contact our office for further instruction.

What is a discharge and when will/ receive my discharge?

Your discharge is eligible to be entered after sixty (60) days from the date of your 341(a) Meeting of Creditors. Upon expiration of the sixty {60) day period, the court will enter the discharge and send you a copy. The discharge will discharge you from all debts which are dischargeable. Some debts which are not dischargeable include (but are not limited to) alimony, maintenance, support, student loans, priority taxes, debts for death or personal injury caused by your operation of a motor vehicle while unlawfully intoxicated, debts for restitution included in a criminal sentence imposed on you and those debts which you have chosen to reaffirm and a reaffirmation agreement is filed with the court prior to your discharge. For a complete list of nondischarged debts, please refer to the discharge entered by the court in your case.

What if I move or change jobs?

Notify us by mail with the information. Please use the forms provided on our General Information for Our Valued Chapter 7 and Chapter 13 Clients page to notify us in writing of any changes. We will notify the court and the trustee's office.