People who are having trouble paying their debts may file for bankruptcy as a solution to their situation. In the most general terms, a bankruptcy is a legal proceeding where a person (known as a “debtor”) seeks to get a “discharge”, which will typically eliminate most or all of their debts, and, at the same time, potentially protect their home, vehicle(s), personal property, bank accounts, retirement accounts and wages. The two most common types of bankruptcies are referred to as Chapter 7 and Chapter 13.

Each Debtor filing an individual bankruptcy has a right to represent him or herself (Pro Se Debtor); however, the use of an attorney is recommended. Ignorance of the law may cost an individual far more than an attorney's fee. By law, a Corporation is required to have an attorney. Note: Individuals who choose to represent themselves will not be able to obtain legal advice from court personnel or from the trustee appointed to their case.

The commencement of a bankruptcy case creates an "estate." The estate technically becomes the temporary legal owner of all of the Debtor's property. The estate consists of all legal or equitable interests of the Debtor in property as of the date the case is filed, including property owned or held by another person if the Debtor has an interest in the property. Section 362 of the Bankruptcy Code governs the applicability of the "automatic stay" to the facts and circumstances of your bankruptcy case. If it applies, it prohibits creditors from taking collection action against the Debtor or the Debtor's property without Bankruptcy Court approval. The Court issues a notice of commencement advising all interested parties of the filing of the bankruptcy case. This notice provides the case number, trustee, date of the meeting of creditors, deadline to file a proof of claim (if applicable), and deadline to file an objection to the discharge (if applicable).