what are some initial documents and information i should bring to my bankruptcy attorney

by Lyla Orn 6 min read

What Should I Bring When Meeting With a Bankruptcy Lawyer?
  • All financial documents, including bank account statements, receipts for major purchases, wage statements, and tax returns;
  • A list of your creditors that you owe money, and their contact information, account numbers, and how much money you owe each one;
Dec 1, 2020

What documents do I need to start a bankruptcy?

Apr 02, 2018 · What Documents You’ll Need If You File Chapter 7 or Chapter 13. If you and your attorney decide to go forward with your case, you likely will be provided with a detailed checklist of all the other myriad documents needed, such as loan payoffs, copies of titles, copies of tax returns, six months of pay advices, deeds of trust, proof of insurance, and on and on.

What documents do you need in order to file bankruptcy?

What Should I Bring To An Initial Consultation With My Bankruptcy Attorney? Your attorney needs to have a basic knowledge of your financial situation, such as the types of debts, the approximate amounts, your annual income, and the assets that you have. If you wish to get started that day, it’s a good idea to bring a retainer.

What forms are needed to file bankruptcy?

Mar 07, 2014 · After the initial consultation, and depending on your circumstances, here is a list of documents you will probably need to assemble and bring back to us: Pay stubs for the last six months; Income tax returns for the past three years; Bank statements for the past three months; Most recent statement from your pension, IRA’s, 401(k)’s and the like;

What information do I need to file for bankruptcy?

Listed below is a more expansive list of documents that you should bring during the first meetings with a bankruptcy lawyer: All financial documents, including bank account statements, receipts for major purchases, wage statements, and tax returns;

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What should you not do before filing bankruptcy?

Here are common mistakes you should avoid before filing for bankruptcy.
  • Lying about Your Assets. ...
  • Not Consulting an Attorney. ...
  • Giving Assets (Or Payments) To Family Members. ...
  • Running Up Credit Card Debt. ...
  • Taking on New Debt. ...
  • Raiding The 401(k) ...
  • Transferring Property to Family or Friends. ...
  • Not Doing Your Research.

How do I prepare myself for bankruptcy?

The first step to prepare for bankruptcy is to gather proof of your income. Copies of your tax returns and copies of proof of income for the past six months are required when you file a Chapter 7 case. To prepare for bankruptcy under Chapter 7, you must complete the Chapter 7 Means Test.Sep 3, 2020

What do they look for in bank statements for bankruptcy?

To start, you'll list your creditors and the amounts you owe (called claims); your assets, their values, and whether you can exempt (keep) the property; your income for the last six months; and your monthly expenses. You'll also disclose previous asset transfers, such as a car sale or large gifts of property or cash.

What should I ask bankruptcy?

5 Questions to Ask Before Declaring Bankruptcy
  • Chapter 7 or Chapter 13? There are two types of personal bankruptcy: Chapter 7 and Chapter 13. ...
  • Can you afford it? ...
  • Will it actually help? ...
  • Can you qualify for bankruptcy? ...
  • Will you be able to live with the effects for years to come?

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022

What assets can you keep in Chapter 7?

Bankruptcy Exemptions: What Property Can you Keep In Chapter 7 Bankruptcy?
  • Houses, Cars, and Property Encumbered By a Secured Loan. ...
  • Household Goods and Clothing. ...
  • Retirement Accounts. ...
  • Money, Jewelry, and Other Property.

Does a bankruptcy trustee monitor your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary. However, it is rare for them to keep close tabs on every account.

How far back does bankruptcy look at bank accounts?

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021

How does a bankruptcy trustee find hidden assets?

The bankruptcy trustees go about finding hidden assets by taking a close look at your debts, as well as doing public record searches, online analysis, tax returns, review reports from former spouses or friends, as well as payroll slips that may show deposits into banks or accounts that you have not listed in your ...Jan 29, 2020

What kind of questions do they ask in bankruptcy court?

Common Bankruptcy Trustee Questions
  • Did you review your bankruptcy petition and schedules before you filed them with the court?
  • Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge?
  • Did you disclose all of your assets?

How do you know if I should file bankruptcy?

If you have large debts that you can't repay, are behind in your mortgage payments and in danger of foreclosure, are being harassed by bill collectors—or all of the above—declaring bankruptcy might be your answer.

Is debt relief the same as bankruptcy?

Bankruptcy is a legal path where you file in court and work with a trustee to discharge or pay back some debts. Debt relief includes various programs or plans to get you out of debt without declaring bankruptcy.Apr 16, 2021

What documents are needed for Chapter 7 bankruptcy?

There are a number of documents you need before filing for a Chapter 7 bankruptcy. Although the specific documents may vary depending on your type of case and the district you file, you will at least need to gather the following before filing your petition: 1 Your tax returns 2 Pay stubs 3 Appraisals of your home, jewelry, and other exempt assets 4 Your car titles 5 Evidence of child support/alimony obligations 6 Bank statements 7 Proof that you took credit counseling

What are the first documents you should collect?

Financial Records. Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy.

How does bankruptcy affect your life?

It could also have a major impact on your daily life. Filing for bankruptcy can affect your credit and property.

Is bankruptcy a matter of minor consequences?

Bankruptcy is not a simple matter with minor consequences. Rather, it can involve complex dealings with the bankruptcy court and creditors. It could also have a major impact on your daily life. Filing for bankruptcy can affect your credit and property. Naturally, this is a stressful situation that you never envisioned yourself being in.

What to do if you can't find a bankruptcy document?

If you can’t find a document that you think you need for your bankruptcy or if you forgot to bring a document to a meeting with your lawyer, you should tell your attorney as soon as possible, so that they can take note and take the appropriate action to help you.

What happens when you file for bankruptcy?

That way, when you complete your bankruptcy, you will be on the right path to financial recovery.

Why do people declare bankruptcy?

Declaring bankruptcy gives individuals or businesses that are unable to pay their debts a better way to solve their financial problems. It can also help them start rebuilding their credit and lives in a more positive and financially stable way.

Why is bankruptcy considered the most document intensive?

This is because whether a bankruptcy is recognized by the courts is based on the value of the debtors assets compared to the amount of debt owed to other creditors.

Can you be too honest to discuss bankruptcy?

There’s really no such thing as being too honest or prepared when meeting with a lawyer to discuss a possible bankruptcy. In actuality, the more issues that you come prepared to discuss, the easier the bankruptcy proceedings tend to be as they progress.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

A Chapter 7 bankruptcy eliminates all of your debt without a repayment plan necessary. While a Chapter 13 bankruptcy takes more time because it requires a structured repayment plan. In order to ensure a quick and efficient bankruptcy you should make sure all the necessary paperwork is filed.

How long does it take to file for bankruptcy?

In total, most bankruptcies take around 4 to 6 months.

What number do you file a debtor form with?

Individual debtors will file forms that begin with the number 100, while non-individuals will file forms beginning with the number 200. Thankfully, though, most of these documents can wait to be produced during the retainer and filing process, and need not be brought to the initial consultation. While debtors certainly are able to file ...

Is filing for bankruptcy easy?

Filing for bankruptcy isn’t always easy. One of the biggest burdens under the “new” bankruptcy law that was forced upon debtors and their attorneys in 2005 was the requirement to produce volumes and volumes of documents. In addition to the formal schedules and statement of affairs, you’ll need to get together a lot of paperwork to file bankruptcy.

What was the burden of bankruptcy in 2005?

One of the biggest burdens under the “new” bankruptcy law that was forced upon debtors and their attorneys in 2005 was the requirement to produce volumes and volumes of documents. In addition to the formal schedules and statement of affairs, you’ll need to get together a lot of paperwork to file bankruptcy. One nationally known attorney ...

What information do you need to file for bankruptcy?

What Information Do You Need to Complete the Bankruptcy Forms? Most of the information you'll need to fill out your bankruptcy paperwork will be in those documents, including asset value and income information. For example, you'll use the income documentation to calculate your average monthly income.

How to get a credit report for bankruptcy?

Start by finding loan statements or bills so that you can list each of your creditors in the bankruptcy. Alternatively, you can obtain a credit report that shows all your debts; however, be aware that you're required to list the creditor's billing address, and that address rarely shows up on your credit report.

Do trustees require proof of bankruptcy?

Not only do some trustees require more proof than others, but the particular evidence you'll have to produce will also be determined by the facts of your case. Below are the most commonly required documents in bankruptcy.

What does a bankruptcy trustee do when a debtor loses financial paperwork?

When a bankruptcy debtor (filer) loses financial paperwork in a natural disaster, the bankruptcy trustee must: avoid taking action against a debtor who can't produce documents. grant reasonable requests to ease filing requirements, and. take into account a decrease in income or increase in expenses.

Do you have to pay child support if you file for bankruptcy?

If you have other circumstances affecting your bankruptcy, such as being required to pay alimony, child support, or another unusual expense, you'll need to show proof of these costs. For instance, it's common to provide a copy of a child support order. If you've divorced recently, you might need to produce an order or marital settlement agreement documenting a property distribution.

What do bankruptcy lawyers need to know?

In order to help you best, your bankruptcy lawyer will need to know about your life and finances. They will want to know what has brought you to consider bankruptcy , such as credit card debt, difficulty paying a mortgage, medical bills, and so on. They might also ask: If you’re married. If you have children. How much money you and your spouse make.

What to expect at a free bankruptcy consultation?

At your free bankruptcy consultation, you’ll meet your bankruptcy lawyer for the first time and share information about your financial situation and goals. Your attorney will use that information to determine if bankruptcy is right for you, and if so, what type. In order to get the best advice possible, you should prepare for your first meeting ...

What does it feel like to be a bankruptcy lawyer?

Many clients also find themselves getting emotional during their first meeting with a bankruptcy lawyer. You might feel loss, anxiety, sadness, anger, fear, or even relief. Your lawyer understands that it’s natural to feel emotions as you start your bankruptcy journey, so don’t feel ashamed if they come up during your first meeting.

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Financial Records

  • Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy. This may have significant implications because Chapter 13 will allow you to keep possession of your …
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Legal Records

  • Any legal history or pending litigationinvolving you is information you'll want to disclose to your attorney. Previous judgments against you show debts that will factor into determining which bankruptcy is right according to your financial situation. In addition, any pending litigation or current court order will determine how much you can afford to pay your creditors at this time. Le…
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Additional Documents

  • The following list is a combination of assets you own and what you need to verify your income. A proper, thorough organization of your assets is extremely important to show you have a set income level. This income determination can be essential in proving you can repay your debtsover a period of time or in proving a lack of income. 1. Canceled checks for any expense you cannot …
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Documents Needed to File Chapter 7

  • There are a number of documents you need before filing for a Chapter 7 bankruptcy. Although the specific documents may vary depending on your type of case and the district you file, you will at least need to gather the following before filing your petition: 1. Your tax returns 2. Pay stubs 3. Appraisals of your home, jewelry, and other exempt asset...
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