Portland Attorney Brian Wheeler              Affordable Bankruptcy

Brian Wheeler, Attorney At Law 

3939 NE Hancock St. Ste 304

Portland, OR 97212

Tel: (503)284-0994

email: brian@brian-wheeler.com

 

 

What happens after you file a bankruptcy?

Quick Answers...

What does it cost?
Don't do these things.
Will I lose my property?
Common Bankruptcy Myths
What are my alternatives?
What happens after bankruptcy?
Frequent Bankruptcy Questions
 

What happens after I file?

 

Prior to bankruptcy discharge:

About 30 days after you file your bankruptcy case you will need to appear at a meeting with the bankruptcy trustee. This is called the 341 meeting or "meeting of of creditors".  However, creditors do not show up very often. About 70-75 days after the meeting with the trustee you should receive your discharge from the bankruptcy court.

After bankruptcy discharge:

Once your case is discharged and closed, your  creditors cannot collect any debt that was discharged. This is called the "discharge injunction" An injunction is a court  order that prohibits certain actions, in this context, to collect a debt.  Generally you do not have to worry about your case being opened or the trustee being able to go after your property once your case is closed except in a few circumstances. First, if you receive an inheritance or a marital property settlement within 6 months of the filing of your case.  Second, if you concealed assets.  If assets are concealed, the trustee has essentially an unlimited amount of time to reopen the case and pursue the undisclosed asset.


Will I ever get credit again?

The simple answer is yes.  Most people that file for bankruptcy will be offered credit shortly after they file their case such as offers from car dealers and credit cards.  It will usually take about 2 or 3 years to bring your credit rating up to the point that you will get interest rates as good as someone that has never filed a bankruptcy.  The secret is to get some kind of credit. A small credit card. A modest car loan. Something. Then pay on that debt perfectly until it is paid off, then do it again.  This is the best way to reestablish good credit.  Also  check your credit report to make sure everything on your bankruptcy is shown as "discharged" or "included" in bankruptcy. The error rate on people's credit reports is astounding.  If something is worng you need to dispute it in writing. The websites of the credit bureaus will have information about how to dispute something on your credit report. If after you dispute and item and it is still reported incorrectly call your lawyer.