What I should know about your financial situation

You need to educate me about your financial situation. We will cover some of the details at our first meeting, but we need much more information. The cheapest and most effective way to assemble this information is for you to complete my Online Bankruptcy Interview after our first meeting. Using an Internet browser like Chrome, Safari, Firefox, or Internet Explorer on any computer with Internet access, follow these steps:

1. Go to www.stopmybills.com. This will take you to a secure website called https://www.rapidimport.com/login/. You will complete your Online Bankruptcy Interview on this secure website.

2. Log in using my Attorney ID, tomtrigg, and your Social Security number. Then click “Start the Interview.”

3. Answer each question in the Interview. Be sure that all your answers are accurate and complete and that you list every asset and every debt.

4. To ask me questions, click the tab at the top of the page called “Contact Form.” Type in your question, your name, your e-mail address, and your phone number. I can usually get an answer to you in less than a day.

5. When you stop work on the Interview for the day, click the tab labeled “Finish Later.”

6. When you have completed all of your On-line Bankruptcy Interview, click the tab labeled “Finish Now.”

Remember, I haven't become your bankruptcy lawyer just because you've filled out my questionnaire. I will be your lawyer when we have both signed an attorney-client contract and when you have made the required payment toward your fees. I've set out the details of both below.
 

Papers the bankruptcy system will need

The bankruptcy system now requires you to provide a lot of paperwork for your case. You will need to give me a copy of the following:

• Montana driver’s license

• Social Security card

• Pay stubs (last six months)

• Bank statements (last six months)

• Federal and state income tax returns or tax transcripts (last two years)

• Titles for all vehicles you own

• Real estate security agreements for any house or other real estate you own

• Most recent retirement account statement

• Insurance policy declaration page or annual statement

• Any child support or maintenance order that applies to you

• Any decree of dissolution or marital settlement agreement that applies to you (last two years only)

If you own your own business, you should also bring business paperwork, such as the following:

• Profit and Loss statement indicating your income and/or loss for the sixty days immediately prior to filing of the Bankruptcy Petition, duly certified by you or an Officer representing the business

• Copies of bank statements on all business accounts held by you or in the name of the business for the ninety day period immediately prior to the filing of your case

• A copy of the Regulation P or Privacy Statement, if one has been prepared.

• If you have employees, a copy of any and all Benefit Plan documents, if any

How long will it take to file bankruptcy

The record is four days from first meeting to filing. The recordholder was old enough to be everyone's grandfather, probably in his 80s at the time, but he got the job done. He gathered up his information, he paid his attorney fee and filing fee, he corrected every single mistake on the first draft, and he got his case filed. You can go after that record.

However, there is a lot of work to be done, and it needs to be done right. 

You can start right now. Gather the papers that you will need. If you need to get paperwork from someone else, the IRS or an employer, request it so the organization will have time to send you what you need. Every question needs to be answered, even if the truthful answer is "not applicable" or "none." If something does not make sense to you, ask me about it. You can send me an e-mail at thomas.trigg@gmail.com or call my office at 406-721-6778.

When you need an appointment, my office will schedule it promptly. When you bring me papers to work on, I will process them as quickly as I can. I might even get my part done faster than you did.

Even working hard, you might not be able to get the job done in less than a month, maybe even two. But you can still go for the record. And if the record proves a little bit too hard, there is always second place. Right now, your target for second place is two weeks.

What will it cost

Until we have had our first meeting, you will not need to pay me anything. 

My consumer bankruptcy clients pay me a fee of $1,200 to cover the work I do in preparing their bankruptcy papers and representing them at the mandatory creditors’ meeting. Business bankruptcy clients might have to pay more. It depends on how complicated your business is from a bankruptcy standpoint. Prospective consumer bankruptcy clients don't need to pay anything for the first meeting. Prospective business bankruptcy clients pay $200, which applies to their bankruptcy fee if they hire our office or covers their initial consultation fee if they don't. 

I require that my clients pay $400 of my fee when you hire me to work for you. The rest of the attorney fee, and also the court filing fee, must be paid before the bankruptcy is filed. Attorney fees are not refundable. 

Chapter 13 bankruptcies require additional work and additional fees. I cannot estimate in advance how much these fees will be, but you should  understand that my fees must be approved by the Bankruptcy Judge and are paid by the Chapter 13 Trustee from the assets he collects over the life of the Chapter 13 bankruptcy case. These fees come from money that would otherwise go to creditors; they do not involve additional cost to you. The Clerk of Court charges a filing fee of $299 for a Chapter 7 bankruptcy and $274 for a Chapter 13 bankruptcy.

My work on your behalf is covered by an attorney-client contract. I will give you a copy at our first meeting. You should read the contract carefully and ask me if you have any questions. If the Attorney-Client Contract is satisfactory as written, you should sign one copy and send it to our office.

What class you will need to take before filing bankruptcy

You must take an approved credit counseling class before you can file your bankruptcy case. These classes are available by telephone or online. Call us at 406-721-6778 for information on what classes you can take. The classes last for an one hour or two. They cost about $50 for an individual or a couple. You’ll pay the fee directly to the company teaching the class. Since the class must be taken within the 180 days before you file your bankruptcy case, if you take it too soon, you might have to take it again and pay an additional fee to the credit counseling company.

What happens after you file bankruptcy

When you file your bankruptcy case, your case will be assigned to a bankruptcy trustee. Your trustee will be a private lawyer based in western Montana who accepts appointments from the Bankruptcy Court to help administer the bankruptcy system. Chapter 7 cases are handled by Richard P. Samson and Darcy Crum. Chapter 13 cases are handled by Robert Drummond. Your trustee will need additional information about your financial situation. We know what information the trustees routinely request, so you can gather it up and we can analyze it before your case is even filed.

What class you will need to take during your bankruptcy

After you file your bankruptcy case, you will be required to take a debtor education class, also lasting from one to two hours and costing about $50. You’ll pay the fee directly to the company providing your class. The debtor education class is also available by telephone or online. When the time comes for you to take your class, call our office at 406-721-6778 for suggestions.

When your bankruptcy case is over

Your bankruptcy case is over when the Bankruptcy Court enters a Final Decree in your case. This will happen after your bankruptcy trustee has finished all of his work.In most Chapter 7 cases, the bankruptcy is over as a practical matter four or five months after you file your case. For most Chapter 13 cases, the bankruptcy is over when you have successfully made the payments required by your bankruptcy plan. After a case ends, it can be reopened if your bankruptcy trustee gets additional money to pay to creditors. Most often this happens when clients receive a tax refund or an inheritance that is property of the bankruptcy estate.