Office Procedures

The first step in filing your bankruptcy case is obtaining information for your bankruptcy schedules. Your bankruptcy schedules is a packet of your information that is filed with the court. This packet is also referred to as your "Bankruptcy Petition". In order to have your case filed with the court, you must either fill out an online questionnaire or a paper questionnaire. If you choose to fill out the online questionnaire, you will receive a login and a passcode to mycaseinfo.com. The information that you enter into the program will help us create a rough draft of your bankruptcy schedules. This information can be altered at your signing appointment with the Paralegal.

If you choose to fill out the paper questionnaire you must pay the $30 fee ($60 for joint) to have your credit report downloaded into your bankruptcy schedules. If you choose to fill out the online questionnaire you may still choose to have your credit report downloaded into your bankruptcy schedules instead of typing them in to the program. The fee is still $30 for individual credit reports and $60 for joint credit reports.

If you choose to fill out the paper questionnaire you must return this packet at least five (5) days before your signing appointment.

At the time of signing you will need to bring the following documents:

Once you have completed the online questionnaire(mycaseinfo), credit counseling and gathered all of your documents you are ready to make a signing appointment. The signing appointment is when you come into the office and meet with a Paralegal to file your case. At this appointment you will bring all of your documents and obtain your case number. All fees owed to Susan D. Lasky, PA are due at the time of filing your case. The fees due to complete your case should be in the form of cash or cleared funds.

At the time of filing your case and obtaining your case number, the Paralegal will also inform you of the date of your Meeting of Creditors. The date will be set about 30-45 days in advance. This is a very brief meeting with your Bankruptcy Trustee that gives Creditors the right to object to your case. Most of the time, these meetings last about ten (10) minutes and no creditors attend the meeting. At this meeting your must bring your original driver's license and social security card for verification. If you do not bring these two items, your case will not be heard and the Trustee will have to continue your Meeting.

After your case is filed you must take the pre-discharge debtor education course. This is different that your credit counseling. There are a total of two (2) classes you will take. You must provide the office with a copy of your second credit counseling certificate via email at Jessica@SueLasky.com. If we do not have your second credit counseling certificate within thirty (30) days of your meeting of creditors. You will not receive your discharge and your case will be closed. Additional, fees will apply to reopen your case.

During the pendency of your case you may receicve a "Reaffirmation Agreement" from one of your secured creditors. A reaffirmation agreement is a contract between you and the creditor that you will pay all or a portion of the money owed, despite the bankruptcy filing. In return for keeping your property after the bankruptcy, the creditor promises that, as long as payments are made, the creditor will not repossess or take back the property. These contracts usually come from your mortgage company or from the company that financed your vehicle. The document must also be approved by the court and not rescinded by the debtor prior to the discharge being filed. The court can also refuse to sign the reaffirmation agreement if it is of the opinion that the debtor cannot afford the payments called for under its terms. Previous to 2005, you could make your car payments when they came due and not sign a reaffirmation agreement. When the loan was fully paid, title to the car would be transferred to you. If you defaulted on the loan after discharge, the creditor could repossess the car, but the repossession deficiency amount that you owed would not be collectable since you did not reaffirm the debt. Under the new law, you have to reaffirm your car loan within 45 days after the "Meeting of Creditors." You no longer have the option of continuing your car payments without reaffirming the loan. Once the loan is reaffirmed, if you default on your payments and the car is repossessed, you are liable for the repossession deficiency.

Creditors have 60 days after the "Meeting of Creditors" to convince the bankruptcy court you shouldn’t be allowed to discharge your debts. This is rarely done and usually the case closes without further activity and the debts are discharged.

If you have any questions about the online questionnaire or the paper questionnaire or the bankruptcy filing process, please feel free to contact us.

Please do not send information via facsimile.

Susan D. Lasky, P.A.

915 Middle River Drive Suite 420
Ft. Lauderdale, Fl 33304
954-400-7474