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.
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.
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.
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