What to Expect

Bankruptcy can be a highly-complex process — a virtual minefield of rules and regulations. By consulting with a trusted, experienced attorney with a thorough understanding of the debt counseling and bankruptcy process, you can maximize your rights.

In general, this is how the bankruptcy process works (based on Chapter 7 bankruptcy)

  • Contact Cossitt Law to set up an Initial Consultation
  • Client retains law firm and is given Bankruptcy Worksheets to complete.
  • Client returns completed Worksheets.
  • Client is provided with  a rough draft of the bankruptcy papers within 2-4 weeks of receiving the completed Worksheets.
  • Conduct meeting(s) with the client, make corrections and revisions to the papers in order to file the case
  • Most Chapter 7 cases are filed within 2-4 months  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 the  case to all creditors advising them of the case filing and related information. The notice to creditors is mailed about 7-10 days after filing (it can take up to 2-4 weeks for out-of-state creditors to cease contacting you.)
  • The meeting of creditors (hearing) is held approximately 20-60 days after filing.
  • The discharge is granted approximately 90 days after filing, which releases the debtor from personal liability and prohibits creditors for taking any action to collect the debt.

Note: Our bankruptcy practice covers the entire state of Montana. Most bankruptcy hearings in Montana are conducted using the Bankruptcy Court’s video conferencing system, which allows attorneys/clients to participate in hearings across Montana without having to travel as there is only one Bankruptcy Judge for the entire State of Montana.

Please remember that Cossitt Law  does not represent you until you retain us and sign a written fee agreement. Contact us at (406) 752-5616 to set up a consultation.