Bankruptcy Tips: When To File a Statement of Intention - Westgate Law

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Bankruptcy Tips: When To File a Statement of Intention

One of the common questions associated with bankruptcy filing is WHEN to file WHAT paperwork! It’s handy to get some bankruptcy tips. There are so many different documents and they all pertain to specific situations and many have their own deadlines. One popular question is…When does the Statement of Intention need to be filed?

If you’ve recently filed for Chapter 7, and no Statement of Intention has been filed, you may receive deficiency notices in the mail stating that you need to file the Statement of Intention. This situation is not limited only to those filers who have secured debt (as is often believed). A Statement of Intention must be filed along with the bankruptcy petition documents. Although, it’s possible that you may only have one to file, depending upon your situation.

The fact of the matter is that the bankruptcy process isn’t designed to determine which of the petition documents actually apply to each case. This leads many bankruptcy petitioners to file with “missing” documents because they failed to file any that were not applicable to their situation. The system attempts to be more uniform – requiring all petitioners to file all the same bankruptcy documents.

Having said that, this situation is avoided entirely if bankruptcy petitioners utilize the experience of a knowledgeable southern California bankruptcy attorney. Filers are held to the same standards, whether they utilize a bankruptcy lawyer or file on their own. You must comply with the same requirements: filing of the complete petition and schedules, disclosure of all assets, provision of the documents to the bankruptcy trustee, etc.

If you are filing without an a bankruptcy attorney, watch out for these common mistakes:

  • Missing Required Schedules
  • Failure to Send in Required Trustee Documents
  • BOTH Credit Counseling Courses (Before & After)

If you are filing on your own, make sure to do your research and have EVERY bankruptcy document filed appropriately according to the timeline set by the bankruptcy court. Hopefully, you will successfully manage the bankruptcy filing and eventually receive the bankruptcy discharge that is the end goal for renewed financial health.

If, on the other hand, you’d rather have an experienced southern California bankruptcy attorney on your side to ensure nothing is missed, get in touch with Westgate Law today.

About the Author

Justin Harelik

Justin has a singular goal: to get people out of financial distress and move them to financial stability and prosperity. He does this by combining 15 years of in-depth experience in bankruptcy, credit management, debt negotiation and student loan modifications, and he does it with both English and Spanish-speaking clients.

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