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How Do I File For Bankruptcy?

Bankruptcy is a legal process by which individuals or couples seek to modify or eliminate debt issues. The law provides an opportunity to get a breather or a fresh start to financial life.

Christopher Gallutia, Attorney-at-Law offers a free consultation. This provides an opportunity for you to ask any questions that you may have and receive information crucial to enabling you to determine if filing for bankruptcy is best in your particular situation.

For individuals and couples, there are primarily two options. A Chapter 13 bankruptcy is a reorganization wherein you determine what you can afford to pay your creditors and propose a plan of repayment on that basis for the Court to approve. A Chapter 7 bankruptcy is when your finances do not permit a reorganization plan to be proposed and an individual or couple would seek to have their legal obligation to pay debts discharged by the Court.

Christopher Gallutia, Attorney-at-Law can assist interested parties in understanding the options, what is involved in each type of bankruptcy, and what may work best for a potential client. He will work with prospective clients to obtain the information necessary for a bankruptcy filing.

In order to file, a debtor must obtain a variety of information for the preparation of the documents to be filed with the Bankruptcy Court. A debtor must provide two years of federal income tax returns, six months pay stubs or other proof of income, titles to motor vehicles, deeds and mortgages on any real estate owned, and proof of insurance on vehicles and real estate. A bankruptcy debtor must provide a list of assets owned as well as the debts owed. All debts must be listed, even if the debtor seeks to keep a particular debt (for example a mortgage on a home or a vehicle still being paid on). Some debts, such as certain taxes and student loans, child support and alimony are not discharged in bankruptcy and payment will be required even after the completion of the bankruptcy case.

All debtors must obtain a certificate that they have had a session of credit counseling with an approved provider in order to be eligible to file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. Christopher Gallutia, Attorney-at-Law can provide a list of the names and contact information for approved providers of bankruptcy credit counseling. A second session on financial management is also required under bankruptcy law in order to obtain a bankruptcy discharge in either Chapter 7 or Chapter 13.

A bankruptcy filing under either Chapter 7 or Chapter 13 will require at least one hearing. These are presently handled by telephone due to the pandemic. A decision as to whether to resume in person bankruptcy hearings after the pandemic subsides has yet to be made by the bankruptcy authorities. The Bankruptcy Trustee, who is appointed by the Court to review the debtor’s financial circumstances, will ask questions to confirm certain aspects of the bankruptcy filing with respect to eligibility, assets, and ability to repay creditors. The Bankruptcy Trustee will subsequently file a report with the Bankruptcy Court.

Christopher Gallutia has helped thousands of clients over the past thirty years. Conveniently located near the junction of Franklin County, Licking County, and Fairfield County, his office is just a short drive from Pickerington, Whitehall, Pataskala, Gahanna, and all of Columbus. A fixture in the Reynoldsburg community for nearly fifty years, call Christopher Gallutia today to schedule your free consultation to discuss whether bankruptcy may be the best solution for your financial situation. He is ready and willing to help!