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Chapter 7 Bankruptcy Filing in Rhode Island: How Long Will It Take?

by Mark Buckley

Chapter 7 Bankruptcy filings take how long to complete in Rhode Island?

Let’s pretend you filed a Rhode Island Chapter 7 bankruptcy case today. If you did, your case would come to an end in about 90 days. What happens during that time?

Let’s examine a typical Chapter 7 filing in RI:

  1. You complete your first education course on-line, or over the phone. It takes about 60 minutes and is easy.
  2. Your bankruptcy lawyer obtains a bankruptcy-specific version of your credit report.
  3. Your 50 page bankruptcy petition is filed electronically with the RI Bankruptcy Court in Providence.
  4. A Chapter 7 trustee (another lawyer) is assigned to review your petition.
  5. Your attorney sends your tax returns and pays advice information to the court/ trustee.
  6. The Bankruptcy Court Noticing Center contacts each creditor listed in your petition.
  7. You complete your second debtor education course which takes 2-3 hours.  Also very easy.
  8. Once your course is completed, your attorney files a certificate of completion with the court.
  9. A 341 meeting of creditors is scheduled 30-35 days into the process.  Hearings take place in Providence.
  10. You attend the meeting of creditors to answer common questions from the assigned trustee.
  11. If your property is exempt (protected), the trustee files paperwork with the court saying you have been examined and there is no property to distribute to creditors.
  12. If you have assets that are unprotected, the trustee will collect the property for later distribution to creditors.
  13. Around day 90, your dischargeable debts are wiped out and your case is over (if no creditor has contested your case.)

It’s easier to understand the Chapter 7 bankruptcy timeline if you divide it in thirds. If you filed your case today, you would have to attend a creditors meeting in 30 days.  Then, if no creditor contests your case and your trustee doesn’t need to distribute any assets, your case is over 60 days after the hearing.

I realize it is stressful to think about filing for bankruptcy.  If handled correctly, however, there is nothing to worry about.  I have represented more than 3,000 clients over the past 21 years.  If you can answer my questions honestly and completely before the bankruptcy petition is filed, you will be amazed how fast and straightforward bankruptcy can be.  I have never filed a bankruptcy petition that was not approved by the court.

A 341 meeting of creditors typically lasts 5 minutes or less.  It is not a court room.  There is no judge, jury, or really anything you would associate with “court”.  Honest debtors are literally out the door in a matter of minutes.

Filed Under: Blog Tagged With: Bankruptcy, bankruptcy courts, bankruptcy lawyers, bankruptcy petition, business, credit report, file bankruptcy, filing, honestly, how long, insolvency law, law, rhode, Rhode Island, Rhode Island Chapter 7, RI bankruptcy, title 11, trustee, united states bankruptcy law, united states code

RI Bankruptcy Filing: Can’t I Just Keep One Credit Card?

by Mark Buckley

Will the Rhode Island Bankruptcy Court let me keep one Credit Card out of my Chapter 7 case?

The quick answer is no. When a debtor files a RI bankruptcy, she must list ALL of her debts. If there is a balance owed to anyone on the day her case is filed, she must list that creditor in her Rhode Island Chapter 7 bankruptcy petition.

Many filing for bankruptcy relief will ask me, a RI bankruptcy lawyer, for permission to leave just one card out, in case of a future emergency. I understand their fear. Because we live in a society run on credit, how would any of us survive on cash alone? Fortunately, there is good news.

As you may remember, the typical Rhode Island Chapter 7 bankruptcy takes about 90 days from the date of filing to the date of discharge. Once your case comes to completion and your debts are wiped out, your financial picture changes drastically for the better.

Most filing for RI bankruptcy relief see their credit score improve after a bankruptcy filing. The reason for this is because a credit score is based on the consumer’s debt to income ratio. By filing a Chapter 7 bankruptcy and destroying unsecured debt, you are improving this ratio and making yourself more credit-worthy.

After your RI bankruptcy case is over, don’t be surprised by the rush of credit card companies looking to do business with you. You are a good risk in their eyes not only because of your new credit score, but because you are unable to file a Chapter 7 bankruptcy again within the next eight years.

But what about debts owed to friends or family members?

All debts must be listed; even debts owed to friends and family members. It all comes down to whether the money was given to you as a gift, or as a loan. If it is a gift, as is often the case, then there is no debt and the friend or family member does not have to be listed as a creditor.

However, if the money was given as a loan, even if there were no formal promisory note (IOU) signed, the obligation must be listed in your bankruptcy petition. Be careful to think this matter through accurately. If you owe money to mom, she must be listed as your creditor.

One last piece of advice. At the bankruptcy hearing, and on the bankruptcy petition itself, you will be asked under penalties of perjury if you repaid any debts to friends or family members in the past year. Understand that the bankruptcy trustee has the power to request copies of your bank records. If you have repaid debts to friends or family members, you must fully disclose this information.

Filed Under: Blog, Rhode Island, Rhode Island Bankruptcy Articles, Rhode Island Chapter 7 Tagged With: Bankruptcy, bankruptcy filing, bankruptcy lawyer, bankruptcy petition, business, Chapter 13, credit, credit card, credit cards, credit score, debt, file bankruptcy, filing for bankruptcy in RI, finance, Mark Buckley, owe money, Personal Finance, Rhode Island, Rhode Island bankruptcy, Rhode Island Bankruptcy lawyer, Rhode Island Chapter 7, RI, RI bankruptcy, secured loan, title 11, united states bankruptcy law, united states code

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