what forms must the bankruptcy attorney provide

Most, and possibly all, of the forms you'll need to file are called the official bankruptcy forms. These are available online through the website of the U.S. Courts at www.uscourts.gov/forms/bankruptcy-forms.

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What forms do I need to file bankruptcy?

Apr 14, 2020 · The Official Bankruptcy Forms. Most, and possibly all, of the forms you'll need to file are called the official bankruptcy forms. These are available online through the website of the U.S. Courts at www.uscourts.gov/forms/bankruptcy-forms. You can complete the official forms online and print them out for filing. Local Bankruptcy Forms

How do I file bankruptcy in New York?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Before you start completing the bankruptcy forms, you'll need to find the official forms, check to see if your court uses any local forms, gather your documents, find national, state, and regional income and expense figures to plug into the forms, and figure out where to ...

Why do I need a bankruptcy lawyer?

If you are represented by an attorney or paid someone to prepare your documents these additional forms may be required: Disclosure of Compensation Pursuant to Federal Bankruptcy Rule 2016(b) (Form 2030) Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119)

Can I file bankruptcy in Tampa Florida?

This form must be completed to determine Chapter 7 eligibility. Official Form B6 - Summary of Schedules (Includes Statistical Summary of Certain Liabilities) E:FILING GUIDANCE: E:file as part of the petition package during case opening. Both pages of this document are required.

What forms are needed for Chapter 13 bankruptcy?

What Are The Steps to Filing A Chapter 13 Bankruptcy?Tax returns for the past 4 years.Paystubs or other proof of income for the last 6 months before filing.Bank account statements from the past 3 to 6 months.Recent mortgage statement(s) and real estate tax bills.Residential lease agreement – if applicable.More items...•Oct 2, 2021

What are discharge papers for bankruptcy?

What is a discharge in bankruptcy? A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.

What are 5 dischargeable debts?

Five Dischargeable Debts in a Chapter 7 BankruptcyCredit Card Debt. ... Personal Loans. ... Medical Bills. ... Vehicle Repossessions and Deficiency Balances. ... Mortgages and Foreclosure Balances. ... Seek Bankruptcy Debt Relief with a Qualified North Carolina Bankruptcy Lawyer.

What debts Cannot be discharged in bankruptcy?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

What can you keep after bankruptcy in Florida?

Florida bankruptcy Schedule C deals with exemptions. Property you are allowed to keep after the bankruptcy is over is called exempt property. Exempt property usually includes an inexpensive car, work tools, clothes, and a retirement account. In Florida bankruptcy, you must use Florida’s bankruptcy exemptions if you have lived in the state for at least 2 years. These include Florida’s Homestead Exemption and Wildcard Exemption. Florida’s Homestead exemption allows you to keep your home, condominium, or mobile home if it is under a certain size and you bought and owned it at least 1,215 days prior to the bankruptcy filing. Florida’s Wildcard Exemption permits you to keep up to $4,000 of personal property if you do not use the homestead exemption. Florida, unlike most other states, also allows an exemption for a hurricane savings account.

What is the Means Test for bankruptcy?

If you do need to go on to the Means Test, that is bankruptcy form 122-A2. The Means Test will allow you to deduct expenses from your income, then compare your income to the median income for Florida again. If you do not pass, you may have to consider filing a Chapter 13 bankruptcy. There are a few exceptions.

How long does it take to file Chapter 7 in Florida?

It must be filed with the Court and delivered to your creditor or leaseholder within 30 days of filing bankruptcy or by the first date set for your meeting of creditors, whichever comes first. One of the most common secured or leased property items is your car. Your choices for it are to keep making payments or give the car back to your car lender. The Statement of Intention for Filing Florida Chapter 7 tells your creditor whether you plan to keep your car, buy your car, or surrender your car.

Where is the Middle District of Florida?

Court for the District is held at Fort Myers, Jacksonville, Ocala, Orlando, and Tampa.

What happens if you owe money on a property in Florida?

If you owe money on a piece of your property and the collateral for the debt is the property itself, then you have a secured claim. This is also known as a secured debt. If you do not pay the payments on that property, the lender can repossess the property and sell it to reclaim some of the money you owe them. Secured bankruptcy claims often include cars and homes. All secured bankruptcy claims are listed on Florida bankruptcy Schedule D. A Florida bankruptcy may wipe out the debt associated with the secured bankruptcy claim, but it will not wipe out the lien against the property itself. If you want to keep the property, you will have to keep making payments on the loan.

What are priority claims in bankruptcy?

Florida bankruptcy Schedule E is where priority claims are listed. Priority claims are claims paid before others. Common examples of these are child support, alimony, wages you owe a former employee, taxes and debts you owe the government, and court fines and costs owed from a criminal case where you hurt someone. In Chapter 7 bankruptcy, priority creditors get paid first out of your nonexempt property (property that you can’t protect with a bankruptcy exemption) if you have any. These get paid before Florida bankruptcy Schedule F debts which are nonpriority claims. Nonpriority claims in Florida bankruptcy can include credit cards, medical bills, and personal loans. Both Florida bankruptcy Schedule E/F creditors must file a proof of claim with the Court to get paid.

What is executory contract?

Executory contracts are current contracts that take a while to complete and that you are still responsible for paying when you file for Florida bankruptcy. One of the most common examples is a yearly gym membership that is paid out month to month.

Can bankruptcy petition preparers give legal advice?

Bankruptcy Petition Preparers are NOT attorneys and may NOT give legal advice. The Bankruptcy Court Clerk's Office staff is prohibited by law from providing legal advice and cannot aid debtors in the completion of required forms. Only an attorney can give you legal advice. General Information.

Can I file for bankruptcy without an attorney?

Filing Without an Attorney. Filing for bankruptcy may be done without an attorney, however, the Court highly recommends that you retain the services of an attorney to guide you through the process. For legal assistance information, click HERE.

What happens if you discharge a debt in bankruptcy?

If a debt is discharged in bankruptcy, the borrower will be released from all debt liability. The discharge is a permanent court order releasing the borrower from paying the debt and prohibiting the creditor from taking any collection action against the borrower.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is a type of consumer bankruptcy and is often referred to as a restructuring bankruptcy because borrowers will not be required to sell their assets.

How long do you have to wait to get a car loan after bankruptcy?

The government-sponsored mortgage programs with FHA, Veteran Affairs, and Fannie Mae require a borrower to wait 2 years before becoming eligible for a mortgage.

What is the difference between Chapter 7 and Chapter 13?

Under Chapter 7 bankruptcy, debt is discharged in exchange for liquidating non-exempt assets. On the other hand, under Chapter 13, you set up a three-to-five-year payment plan based on your income, and you will not be required to liquidate any property. If you are contemplating filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, ...

How long does bankruptcy stay on your credit report?

A bankruptcy may stay on your credit report for up to 10 years; however, this does not mean you have to wait 10 years to get a new credit card or buy a new home. With the help of a law firm, you can quickly rebuild your credit and put the bankruptcy behind you.

How long does it take to pay off a car loan in Chapter 13?

In Chapter 13, the borrower can have up to 5 years to pay off the car loan. This provides time to catch up on payments by spreading the past-due balance over essentially a new 60-month loan. Most often, the interest rate applied is around 6%.

Is Chapter 7 bankruptcy a good idea?

If so, Chapter 7 bankruptcy may be a good solution for you. In filing for a consumer bankruptcy under Chapter 7, a borrower will sell non-exempt assets and be released from liability for certain types of debt in return. Assets exempt from bankruptcy will not have to be sold, including an automatic stay on foreclosure.