Bernie, MO asked in Bankruptcy for Missouri

Q: what do you need to file a bankruptcy case in federal court?

I have an attorney who has been working on this since July of 2022. As of yesterday she is telling me that she is waiting on the court to give her a hearing date.

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You don’t need to get a date to start. Go to pacer.gov and look up your case to see if it has even been filed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: To initiate a bankruptcy case in federal court, your attorney must prepare and file a bankruptcy petition along with various supporting documents, which generally include schedules of your assets, liabilities, income, and expenditures, a statement of your financial affairs, and in the case of individual filers, a schedule of exempt assets. Additionally, you will need to complete a credit counseling course from a court-approved credit counseling agency before filing. Your attorney should actively monitor the court's updates for a hearing date, and it is not unusual for it to take some time to receive a hearing date, especially if the court’s docket is crowded; however, it is always in your best interest to frequently communicate with your attorney to stay informed about the progress of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.