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What Happens After I File My San Diego Bankruptcy Case?

People continue to have questions and concerns even after they’ve hired an expert bankruptcy attorney in San Diego. So you’ve taken the right steps to plan your Chapter 7 case with help from your lawyer, and now you’re wondering… what actually happens in my San Diego bankruptcy case? How long will this take? What happens to my creditors? Can I stop worrying?

For most people that file a consumer bankruptcy case, they can stop worrying after they’ve filed a petition. Here’s why—along with some specific information about what happens after the petition is filed.

Of course, if you and your attorney have properly planned your case, you will have anticipated any difficult or complicated issues and your bankruptcy attorney will keep you informed about the process and the results. The Bankruptcy Law Center is a firm of bankruptcy experts that have filed thousands of cases just like yours. We work with clients to resolve problems and assess risks before we file a case. Our clients are far better informed and less worried because of our careful and thorough process.

Here’s a brief refresher about what happens in the typical Chapter 7 case after the petition is filed.

  • The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided in your bankruptcy paperwork.
  • The petition “automatically stays” (prohibits) most collection or recovery actions against you and your property. (Bankruptcy Code § 362) The automatic stay happens by operation of law and requires no judicial action.
  • As long as the automatic stay is in effect, creditors generally may not start or continue lawsuits, wage garnishments, repossessions, foreclosures or even collection calls demanding payment.
  • Between 21 and 40 days after the petition is filed, the case trustee will hold a meeting of creditors. (Bankruptcy Code § 341; the so-called “341 meeting.)
  • During the 341 meeting you will answer some questions under oath about your bankruptcy paperwork and your finances and property. You will be accompanied by your attorney.
  • If a husband and wife have filed a joint petition, they both must attend the 341 meeting and answer these simple questions.
  • The trustee may provide you with some written information at this meeting on topics that they have found to be important to debtors in their experience.
  • Bankruptcy judges are prohibited from attending the 341 meeting of creditors. (Bankruptcy Code § 341(c))
  • In most cases, if there are no assets available to the case trustee to administer (because, for example, your assets are “exempt” and protected from the trustee and your creditors), the trustee promptly issues a report called a “No Asset Report.”
  • Typically within 60 to 90 days after the 341 hearing is completed you will receive your Discharge Order in the mail and your bankruptcy case is over. This Discharge Order acts as a permanent injunction that prohibits any attempts to collect debts from you personally that were discharged in your bankruptcy.

It’s a pretty efficient and timely process with incredibly important results. You can be debt free in just a few months. If there are issues that could delay your discharge, your attorney will have discussed these with you before you filed in most cases. And in those discussions, you and your attorney will develop a strategy for handling and resolving these issues in ways that you are comfortable with.

Let the expert attorneys at the Bankruptcy Law Center guide you through the process of quickly and efficiently resolving your debts and financial problems. Call us at 800-551-7922 and we’ll meet with you for free and explain your options.

See What Our Clients Have To Say

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Roger C.

I reached out to BLC to help assist with a chapter 7 business bankruptcy and they provided excellent guidance, advice, and support through the entire process. In my case an adversarial action was filed by one of the creditors and attorney Ahren Tiller and his staff provided sound ...arguments which prevailed. Couldn’t have found a more experienced and supportive team to represent me in a tricky situation. I would highly recommend them to anyone making the difficult but sometime necessary decision to find financial relief. Read more
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Justin R.

Like many others before and during the pandemic, life happenings caused me to be in a financial situation to warrant bankruptcy. The BLC was super professional all the way through the entire process. Right after I paid for my Bankruptcy, I got sick and had to have surgery and recovery. Then we ...were in full Pandemic mode. They were gracious to delay my filing until I was recovered and ready to file. I could not ask for more. The process was over all quick and painless for a simple Bankruptcy like mine. I feel a weight has been lifted and I can rebuild. Thank you for all your arduous work and patience, Gabriel, Ahren, and their teams are knowledgeable and efficient. Read more
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Katey Huntley

Responsive, friendly, kind, extremely easy to work with! So knowledgeable and made this entire process painless. Very grateful!

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Lynn Molina

Gabriel Hanna, Esq and the staff at BLC helped me in a very difficult time. I appreciate all the help and care they gave my case.

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Linda Cramer

I can’t say enough of how much this bankruptcy law firm helped me with my financial situation. They were all so helpful, efficient and made the difficult time and process as quick and easy as possible. I would recommend them to anyone I know and am glad to give my public recommendation as well. T...hey truly deserve a five star plus rating. Read more
Yelp Review

Andrea N.

I am very happy with my experience with BLC. Bankruptcy is not something anyone wants to go through, however everyone at BLC made my experience pleasant and easy. The process was explained thoroughly and I had an easy time reaching out and connecting with my attorney. Anika Renaud-Kim was my attorney ...and she was nothing short of amazing! She was very patient and generous with her time. Ms. Renaud-Kim definitely made me feel at ease and comfortable through the entire process. Read more
Facebook Review

Lidia Paramore

they did a great job for me, helped me anytime I needed something, my Lawyer Gabriel Hanna is the best, gave lots of confidence all the time..thanks BLC I will.always recommend you, I’m very grateful for your service!!!

Yelp Review

Rachael C.

When searching for information I had called a few different firms and received consults. BLC was the only one who didn’t shy away and provided answers and information during the consult. Once I agreed to move forward, they were supportive, informative, and eased my anxiety through the whole process.... I can’t recommend them enough. Read more
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Emily Martinez

AmazingI had many questions and uncertainties and the carefully explained it all and made it easy to understand. They facilitated a fast and easy process making this scary difficult thing simple

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Legal Disclaimer: The Bankruptcy Law Center is a California Licensed law firm with attorneys licensed in the state of CA, NY. Attorney Ahren Tiller is responsible for this advertisement. Bankruptcy Law Center’s principal office is located at 1230 Columbia st. Suite 850 San Diego, CA 92101. Prior results listed on this site do not depict or in any way infer a prediction or outcome.We are a debt relief agency proudly providing options to people with financial problems. View our Privacy Policy

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