what unformation should you take to bankruptcy attorney appointment

by Cordelia Waelchi IV 5 min read

The attorney will have some documentation for you to fill out upon arrival, so please know the following information and bring the following documentation to your first appointment: A copy of a state issued ID or valid driver’s license. A copy of a valid social security card.

What Should I Bring When Meeting With a Bankruptcy Lawyer?
  1. All financial documents, including bank account statements, receipts for major purchases, wage statements, and tax returns;
  2. 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

Full Answer

What do I need to bring to my business bankruptcy appointment?

In order to ensure a quick and efficient bankruptcy you should make sure all the necessary paperwork is filed. This includes information about your income, expenses, debts, assets, recent financial transactions, and the property you’re allowed to exempt. In total, most bankruptcies take around 4 to 6 months. Find the Right Bankruptcy Lawyer

Do I need a lawyer to file bankruptcy?

So that we can give the best possible advice and representation, our bankruptcy lawyers request that clients bring the following information to their first appointments: List of creditors (name, address, ZIP code, account number, amount owed) Living expenses (types and amounts of average monthly living expenses) Pay stubs (for the past six months)

How long does it take to file bankruptcy?

Mar 14, 2017 · The attorney will have some documentation for you to fill out upon arrival, so please know the following information and bring the following documentation to your first appointment: A copy of a state issued ID or valid driver’s license. A copy of a valid social security card. A copy of your most recent tax return with all schedules and W-2s.

What does a bankruptcy lawyer do?

Providing financial information at your initial meeting will save you and your attorney valuable time and effort in your bankruptcy case. This information is vital to your attorney’s ability to assess your financial situation and convey it properly to your creditors and to the bankruptcy court. When you consult a bankruptcy attorney you should be prepared to provide the …

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How do I prepare for a bankruptcy meeting?

0:195:35Bankruptcy Meeting of Creditors Preparation - YouTubeYouTubeStart of suggested clipEnd of suggested clipFirst it's really important to bring a photo ID. So a driver's license or passport.MoreFirst it's really important to bring a photo ID. So a driver's license or passport.

What can prevent you from filing bankruptcy?

What Not To Do When Filing for BankruptcyLying 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.

What happens if you lie when filing bankruptcy?

If you lie, you will get caught. Every bankruptcy case is scrutinized so thoroughly that it's virtually impossible to cheat the system with a lie. And when you get caught, your case might get dismissed, and you could face fines and even jail time.May 7, 2015

When filing bankruptcy do you have to include your spouse?

If you file without your spouse, they're not protected. If you file a Chapter 13 bankruptcy, there is a co-debtor stay, which protects anyone else listed on your debts. In a community property state, the automatic stay extends to the community property of married couples.Feb 23, 2022

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 debts Cannot be included in bankruptcy?

Fraud Debts arising from an act of fraud will not be written off as part of a bankruptcy order. Debts in joint names If you owe debts jointly with someone else, these will still be included in your bankruptcy. The creditor will chase the other party until the entire balance owed is repaid (or otherwise resolved).

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 is a Phantom discharge?

Keep in mind that in an individual filing, all assets and liabilities of each spouse must still be disclosed. All the debts of the non-filing spouse are also subject to the bankruptcy discharge, even though he or she does not file bankruptcy. This little known secret is sometimes called a Phantom Discharge.Mar 23, 2019

Can you keep any credit cards after filing for bankruptcy?

Can I Open a New Credit Card Account After Bankruptcy? Yes, even though you lose your credit cards during bankruptcy, you can still open a new credit card after. If you file for Chapter 7 bankruptcy, you will be free to start rebuilding your credit sooner than you might think.Aug 3, 2021

What is the means test for Chapter 7?

The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.

What does a bankruptcy attorney ask you?

A bankruptcy attorney will ask you why you're considering filing for bankruptcy and determine whether filing for Chapter 7 or Chapter 13 bankruptcy will help you solve your financial problem.

Why do people show up in bankruptcy lawyers?

Most people show up in an attorney’s office because they need help with one of a small number of problems— and the attorney will be aware of this pattern. For instance, when a bankruptcy attorney asks you what prompted you to call, it’s likely that you’ll say that your debts are piling up and that the stress is becoming unbearable. But you could be facing one of the following situations, too, and if you are, the lawyer will want to know about it because it will require quick attention:

Why do people show up in an attorney's office?

Preparing for the Attorney’s Questions. Most people show up in an attorney’s office because they need help with one of a small number of problems— and the attorney will be aware of this pattern. For instance, when a bankruptcy attorney asks you what prompted you to call, it’s likely that you’ll say that your debts are piling up and ...

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Do I need a copy of my Social Security card to file bankruptcy?

a copy of your social security card. Most lawyers will ask you to complete a lengthy bankruptcy questionnaire, as well. If you can, get it before your meeting and bring a completed copy with you.

Selecting an attorney

Choosing a trusted and skilled attorney is critical to the success of your bankruptcy case. You and your attorney will work together to restructure your finances and facilitate your fresh start.

Your bankruptcy attorney should possess the following attributes

So what are some of the characteristics of a good bankruptcy attorney? Well I’m about to tell you what to look out for.

Preparing for your initial appointment with your attorney

A bankruptcy case is part lawsuit, part financial audit. The debtor is asking the bankruptcy court to order creditors to accept payments over time, or in some cases to order the discharge of a debt without any payment.

The take home

Be completely prepared to gather as much of the documentation required of you by the bankruptcy court and use due diligence in researching an attorney who’s experienced enough to get your though your case as successfully as possible.

Why is it important to bring legal paperwork to creditors?

It’s important to bring any legal paperwork that’s been filed against you and then in order to really get the most effective communication with the creditors, some debt as it goes bad and it gets aged, sometimes the owner of that debt transfers it to a series of debt collectors and/or debt buyers.

Can you notify someone that you are in bankruptcy?

We can’t notify somebody that you’re in bankruptcy unless we have their address and so if it’s written down and if it involves their debt, they need to bring it as well as their tax returns and the last 60 days of pay stubs.

Can creditors violate automatic stay?

Most Credito rs Will Not Violate the Automatic Stay. Most creditors and most collection agencies and most people who play in the financial realm knows what bankruptcy automatic stay is and they take steps not to violate it.

Can you tell someone you filed bankruptcy?

Normally, we just advise someone to let them know that they have an attorney, that they filed bankruptcy. You can tell them the case number and usually that ends the call because even if they haven’t received notice, most creditors are very cautious not to violate the automatic stay purposely.

Completing Your Workbook

First, you must complete the workbook you were provided in hardcopy format when you signed the contract or the online format accessible with your login and password. You may want to review the example workbook first to determine what you need to have available before you start completing the workbook.

Turn In Your Workbook and Supporting Documents to Our Office

Once you have completed your workbook, either hardcopy or online, and have the additional information outlined in Supporting Documents to be Submitted with Your Bankruptcy Workbook, you should turn them in to our office. You do not need an appointment to turn in your workbook and/or supporting paperwork. We are open from 9:00 a.m. to 5:00 p.m.

Preparing for Your Signing Appointment

Once the bankruptcy paperwork is turned into our office, someone will either email or call you with questions and additional information needed before your signing appointment. After all questions are answered and information is provided, you will be scheduled an appointment to meet with an attorney at Duncan Law and sign your bankruptcy petition.

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Preparing For The Attorney’s Questions

Gathering Your Documents

  • Your bankruptcy petition cannot be completed without certain documents, so it’s a good idea to gather your paperwork together ahead of time and bring it to your appointment—especially if you need your bankruptcy completed quickly. Here’s your list: 1. two years of filed tax returns (the last two years that you filed) 2. seven months of bank stateme...
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Preparing Your Questions

  • It’s a good idea to write down any questions you might have and take the list to the meeting. Here are a few others to consider: 1. What bankruptcy chapter should I file? 2. Will filing for bankruptcy wipe out all of my debt? 3. Will I lose any money or property if I file? 4. Will I have a monthly payment plan, and if so, how much must I pay? 5. Who will prepare my petition and review it wit…
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Questions For Your Attorney

  1. Do you need any additional information from me?
  2. How long will it take to prepare and file my bankruptcy petition?
  3. Who should I speak with if I have a question?
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