Consumer Center

Getting Started

To begin the bankruptcy process, you will need to fill out the following package of forms and bring completed forms to the initial consultation:

Initial Consultation Package

Initial Consultation

We offer a comprehensive initial consultation for a flat “consultation rate” that includes a meeting of up to one full hour.  Generally, clients are seen in Kalispell on Monday, Wednesday and Fridays.  The purpose of the initial consultation is to:  

• Review your asset (property) and liability (debts) structure, your income and expenses  
• Discuss your problems, concerns and goals for the resolution of those problems 
• Explain the possible solutions to your problems, and discuss the costs and the pros and cons of your options  

During an initial consultation, the focus is on you and your situation.  If you take the time to properly prepare for a comprehensive, in depth and detailed discussion of your situation and options, you will obtain the most benefit from the consultation.  

Anything you tell me during the initial consultation is confidential under the attorney/client privilege.  It is important that you are honest and frank when sharing the details of your financial situation.  Please remember that I do not represent you until you hire me and we sign a written fee agreement.

Preparing for Initial Consultation

Without accurate information, it will be difficult or impossible to properly answer your questions and advise you. Please prepare and bring the following items with you to the initial consultation:  

• All lawsuits or other court papers served on or filed against you.
• All documents relating to any prior bankruptcy case in which you have been involved.
• Titles to all vehicles, mobile homes, motorcycles, boats and trailers.
• U.S. tax returns for the past 2 years.
• Most importantly, please prepare a balance sheet—a list of your assets (property) and your liabilities (debts).
  • Assets: Describe each item or category of items and estimate the market value—what would the item sell for if it were sold in the next 30-60 days? (Garage sale prices for household goods).  
  • Liabilities: List the name and amount owed to each creditor. If the creditor has a lien or security interest in your property (for instance, a lien on a car or mortgage on the house) please note that.  

What to Expect

In general, this is how the Chapter 7 process works:  

• Client signs fee agreement, pays retainer and is given BANKRUPTCY WORKSHEETS to complete.
• Client drops off completed forms.
• Client compiles the following information:
  • List of creditors and the amount and nature of their claims
  • Source amount and frequency of debtor’s income
  • List of all the debtor’s property
  • Detailed list of debtor’s monthly living expenses (food, clothing, shelter, utilities, medical, etc.)
• We try to mail a rough draft of the bankruptcy papers back to the client within three weeks of receiving completed forms.
• Over the next 3-7 weeks we meet with the client, make corrections and revisions to the papers, and strive to get the papers as accurate as possible prior to filing the case.
• Most chapter 7 cases are filed within 6-12 weeks of the date the fee agreement is signed.
• The automatic stay takes effect once the case is actually filed with the bankruptcy clerk.
• The bankruptcy clerk will mail a notice of your case to all creditors advising them of the case filing, the date of filing, the case number and the time, date and location of the hearing.  This notice is mailed about 7-10 days after filing (with out-of-state creditors, it can take up to 2-4 weeks for them to cease contacting you).
• Meeting of creditors (hearing) is held approximately 20 - 40 days after filing.
• Discharge is granted approximately 90 days after filing, releasing the debtor from personal liability and prohibiting creditors from taking any action to collect the debt.