what documentation id needed for a bankrupycy attorney

by Mckayla Marquardt 10 min read

An important part of your bankruptcy filing is documenting who you are. You’ll need most of your basic information, such as your full name and your social security number. You’ll show your identification when you meet with the trustee.

Documents Needed To File Chapter 7
  • Your tax returns.
  • Pay stubs.
  • Appraisals of your home, jewelry, and other exempt assets.
  • Your car titles.
  • Evidence of child support/alimony obligations.
  • Bank statements.
  • Proof that you took credit counseling.
Jun 30, 2021

Full Answer

What documents do I need to file for bankruptcy?

Jan 30, 2012 · Below are the most commonly required documents in bankruptcy. Tax Returns. You'll usually need to provide copies of your tax returns or tax transcripts for the last two years in a Chapter 7 case, and four years in a Chapter 13 matter. If you have unfiled returns because you weren't required to file—for instance, your only income source was nontaxable disability …

What should I bring to my first meeting with a bankruptcy lawyer?

Oct 23, 2012 · If your bankruptcy is business bankruptcy, you may need to bring additional documentation, including company balance sheets, budget reports, financial statements, and a list of company property; Any other financial information that you feel may be …

What should I bring to my Chapter 7 bankruptcy consultation?

Sep 17, 2018 · In addition to the above-listed documents, debtors also need to submit the copies of the following: Lawsuits/complaints; Formal notice of foreclosure; Notice of Trustee Sale (NOTS) Wage garnishment orders; If you are already in possession of these documents, it will take only a few days for your lawyer to prepare and file for bankruptcy.

What is a checklist for bankruptcy?

Jan 17, 2019 · Chapter 7 Bankruptcy Documents Needed After Filing. 60 days of paycheck stubs or other proof of income received from an employer. most recently filed tax return (or a tax transcript) 60 days of bank statements. a debtor's education course completion certificate.

What information is required for bankruptcy?

To file for bankruptcy, you need to show the court proof of any value you have in real estate. That means you may need to get an appraisal or show an online estimate of your home's value. You'll also need a copy of the deed and mortgage information, as well as proof of insurance.

Do you need receipts for bankruptcy?

Income Documentation If you're self-employed and filing for bankruptcy, you'll probably need to provide a year-to-date profit and loss statement, as well as for the two full years before filing. Also be prepared to present business bank statements to verify the profit and loss amounts.

How far back does a bankruptcy trustee look?

two yearsYour 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

Can the IRS take my tax refund if I filed Chapter 7?

Any return that results from income earned after filing for bankruptcy is yours to keep. A tax refund that's based on the income you earned before filing will be part of the bankruptcy estate no matter if you receive it before or after the filing date. Tax refunds go to the estate.

How many tax returns do you need to file bankruptcy?

Copies of Tax Returns Filed Before the Bankruptcy So, in a Chapter 13 bankruptcy, you'll need to show that you've filed returns for the four previous years. If you do not timely provide your tax return, the meeting cannot take place.

Can creditors ask for bank statement?

Before you go to court, you'll need to prepare a full financial statement. This is so that your creditor can see whether you can afford to pay back the debt and how much. The financial statement shows in detail: how much money you have coming in.

Does the trustee monitor your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.

Do bankruptcy trustees check bank accounts?

The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal. The trustee also reviews your bank accounts to make sure you're not hiding assets from the court and your creditors.

What Documents Do You Need to File For Bankruptcy?

The documents you’ll need are the same whether you are filing a Chapter 7 bankruptcy or Chapter 13 matter, with slight variations. However, for exa...

Retirement and Bank Accounts

Recent bank and retirement account statements must be provided to the bankruptcy trustee for all accounts.IdentificationWhen you go to your hearing...

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....

Credit Counseling Requirement

In addition to the documents above, the law requires that you complete a credit counseling class and obtain a certificate before you can file for b...

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.

What is a credit report?

A list of your creditors that you owe money, and their contact information, account numbers, and how much money you owe each one; Documents relating to any outstanding loans that you may have, including mortgages,student loans, car loans, or any other loans you might have;

How long does it take to file for bankruptcy?

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

Can you rebuild your credit after bankruptcy?

Although there may be an initial lowering of the credit score the debtor will have an opportunity to slowly rebuild it after the bankruptcy is filed. A bankruptcy is public information- A common issue with filing for bankruptcy is that everything filed with the court is public and can be accessed by anyone.

Why is it important to have a bankruptcy attorney?

Because filing for bankruptcy is a complex legal claim, finding the right bank ruptcy attorney is important. A bankruptcy attorney will help you decide whether or not to file for bankruptcy, and what type of bankruptcy you should file. Additionally, if you decide to file, an attorney can help ensure that your property is protected, ...

What is the most important thing to do when filing for bankruptcy?

The last point is especially important. For the most effective bankruptcy filing, it is crucial that you are completely transparent with your attorney. Make sure you take note of any questions, legal inquiries, or laws that you may wish to address with your attorney.

What happens when you file for bankruptcy?

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

What is the meaning test for bankruptcy?

A ‘means test’, instituted in the Bankruptcy Code, determines your income level. This indicates whether you are eligible for personal bankruptcy under this chapter or not. You should also have the documents needed to file Chapter 7 bankruptcy.

How long does Chapter 13 bankruptcy last?

However, you need to repay your creditors under a plan that may extend up to three or five years. A Chapter 13 bankruptcy protects you from wage garnishments, lawsuits and other actions by creditors. Chapter 13 checklist gives the list of documents needed and you can obtain it online.

How many bankruptcy courts are there in the US?

In the US, there is one bankruptcy court in each judicial district, and each state has at least one district. A bankruptcy court is totally dedicated to bankruptcy cases, much like civil and criminal courts. The judges of such courts are fully empowered to decide on eligibility issues and for granting debt discharges.

How long does it take to complete credit counseling?

You need to complete the first course within six months before the debtor files for bankruptcy. You can complete the credit counselling course online itself.

How long does it take to file for bankruptcy?

If you are already in possession of these documents, it will take only a few days for your lawyer to prepare and file for bankruptcy. Bankruptcy filing offers you protection, making you immune to creditors calling, threatening or suing. It will also prevent repossession, foreclosure and garnishment.

What is the role of a lawyer?

One of the most important roles of a lawyer, besides deciding which chapter to file the case under, is to tackle all the documentation involved in such cases. This involves the following:

What documents are needed for bankruptcy?

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 property and pay your debts over time. Financial records include: 1 Most recent bank statements 2 Most recent bills from every creditor 3 Most recent payment coupons for vehicles (leased or purchased), real estate, and student loans 4 Bills or invoices for purchases in the last year 5 Receipts

Why is it important to organize your assets?

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 debts over a period of time or in proving a lack of income. Canceled checks for any expense you cannot otherwise document.

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.

What is pending litigation?

Any legal history or pending litigation involving 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.

Documents You'll Need to Complete Chapter 7 Forms

The average Chapter 7 bankruptcy petition is approximately 50 pages in length, so it shouldn't come as a surprise that you'll need a lot of information to complete the required forms. Being organized will help you complete the bankruptcy forms efficiently.

Chapter 7 Bankruptcy Documents Needed After Filing

The court will want verification that the information provided in your petition is accurate and that you attended the required post-filing educational course. Here's a list of what you'll need:

Additional Documents for the Chapter 7 Trustee

You also must provide the trustee with any documentation reasonably necessary to investigate your filing. For instance, your trustee might want the following items:

Bankruptcy Consultation Documents: What to Bring to Your First Meeting with Your Lawyer

The most important, mandatory documents to bring to your initial bankruptcy consultation are a list of your outstanding debts and a list of your assets, focusing on major assets, such as houses, cars, boats, trailers, timeshares and the like.

Contact a Bankruptcy Attorney Today for a Free Consultation

If you are thinking of filing for bankruptcy, you are not alone. Lawyers can help you decided whether or not you even need to file a bankruptcy, but if you do, they’ll let you know which chapter would be most appropriate.

Why do you file for bankruptcy?

The point of filing for bankruptcy is to get a fresh start when you’re unable to pay mounting debts. That means you have to prove that you’re unable to pay your bills. The court wants to see your bank accounts and other financial accounts to make sure that you don’t have money hidden somewhere that could pay your debts.

What is bankruptcy debt?

Bankruptcy is about debt. That means you need to show that you have debts that you can’t pay. To have the court discharge your debts, you need to show the court what those debts are.

How long do bankruptcy trustees see tax returns?

Most bankruptcy trustees expect to see at least two years of tax returns. They can ask for more if you have variable income or if there are any other questions about the circumstances of your case. Tax returns verify your income.

Do you need credit counseling before filing for bankruptcy?

Federal law requires you to complete credit counseling before you file for bankruptcy. [1] Counseling helps you establish healthy financial habits so that you can make the most of your fresh start. When you file, you need to provide proof that you’ve completed your credit counseling course.

How much can you keep in bankruptcy in Nevada?

In a Nevada bankruptcy, you get to keep household goods up to a value of $12,000. You can keep books, jewelry, works of art, and musical instruments up to an amount of $5,000. For this reason, you need to be able to document your assets. This doesn’t mean you have to list every item of silverware and every toothbrush in your house. However, you have to make a general list of your assets, so the court can have confidence that you meet the requirements.

Who is Mark Coburn?

His passion for the law and commitment to his clients has made him one of the most prominent defense attorneys in Nevada. If you’re in need of a defense attorney, contact Mark Coburn for a free consultation on your case.

What documents do I need for Chapter 13 or Chapter 7?

Whether you are filing a Chapter 13 or a Chapter 7, there are basic documents you need so that your attorney will be able to prepare your bankruptcy petition.

FINANCIAL DOCUMENTS

Bank statements – current statements for all open accounts, and closing statements for any closed accounts. Local customs as well as your circumstances will ultimately control how far back you need to go for banking and investment accounts, but typically you will need 3-12 months in a simple case;

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 assets 4. Your car titles 5. Evidence of child …
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