what do i need to provide lawyer chapter 7

If you file for Chapter 7 bankruptcy

, you must provide to the bankruptcy trustee a copy of your tax return for the most recent tax year for which a return was filed (but plan on providing the two most recent returns). A trustee needs more in a Chapter 13 bankruptcy to determine whether you owe taxes (many taxes must be paid in full in the plan).

Full Answer

Do I need an attorney to file Chapter 7 bankruptcy?

Here are the primary things needed to get a Chapter 7 case started: six months of paycheck stubs six months of bank statements tax returns (the last two years) current investment and retirement statements current mortgage and car loan statements home and car valuations (printouts from online sources work)

What documents are needed to file Chapter 7 bankruptcy?

Apr 14, 2020 · Identification: Your driver’s license and social security card will be needed at the Chapter 7 meeting of the creditors. If you don’t have your driver’s license, you can use a passport, student ID, a resident alien card, or a Mexican consulate card for your photo identification proof.

What to bring to an initial bankruptcy attorney meeting?

Jun 05, 2017 · The documents needed to have a Chapter 7 bankruptcy case prepared and filed are: • Proof of income, which you can show by providing pay stubs. • Income tax returns are also used to show income, and should be provided along with pay stubs.

Who qualifies for Chapter 7 bankruptcy relief?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-25_10-02-22. Many people file for Chapter 7 bankruptcy without an attorney. In fact, in some districts, a whopping 28% of bankruptcy filings were by pro se litigants (the legal term for "filing on your own"). Some people represent themselves because they can't afford the attorney fees.

What can you not do after filing Chapter 7?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt. Wage garnishments must also stop immediately after filing for personal bankruptcy.Oct 2, 2021

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

Do you have to include everything in Chapter 7?

You must list all debts on your Chapter 7 bankruptcy schedules without exception—even if you think they won't get wiped out by your discharge. If you leave off a debt, you run the risk of remaining responsible for it.

What Cannot be included in Chapter 7?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

What debts are not dischargeable in Chapter 7?

Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged:Debts that were not listed at the start of the case (or debts for unlisted creditors). ... Most student loans (unless repayment would cause the debtor and their dependents undue hardship)Recent federal, state, and local taxes.More items...•Apr 7, 2021

Does filing Chapter 7 affect your tax return?

Under Chapter 7, you may lose the first tax refund that's due after discharge, or some of it, because it's a refund of money earned before discharge. If some of the refund is from income earned after filing for bankruptcy, you keep it.Sep 30, 2021

Can creditors collect after Chapter 7 is filed?

Once you file for bankruptcy, an automatic stay goes into effect. An automatic stay specifically states that creditors cannot contact you to collect debts after you've filed for bankruptcy. It protects you from harassing phone calls, emails, and letters.Feb 20, 2020

Is credit card debt discharged in Chapter 7?

Credit Card Debt in Chapter 7 Bankruptcy Chapter 7 bankruptcy will discharge (wipe out) most or all unsecured, nonpriority debt. Medical bills, personal loans, and most credit card debt are typical examples of unsecured, nonpriority debt you can wipe out in bankruptcy.

Can I spend money after filing Chapter 7?

If you file a Chapter 7 bankruptcy petition and it is a “no asset” case, your spending after filing should reflect what you stated on your schedules. If either your income or your expenses change considerably while still in Chapter 7, again, you should consult with your attorney.Jul 27, 2019

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 to do when filing for bankruptcy?

When you filed your bankruptcy forms, you'll complete a form in which you stated how you intend to handle your secured debts. Before your case is closed, you'll need to act on these matters. For instance, if you indicated that you'd return a car, you'll want to be sure to make it available to the lender.

How often do you have to go to court for bankruptcy?

In most cases, you'll need to go to court only once for a short meeting with the trustee (and perhaps a creditor or two, although it's unusual for creditors to appear). The bankruptcy trustee appointed to your case will check your identification, and ask standard questions required of all debtors, as well as specific questions about the information in your forms. (To learn more see, The Meeting of Creditors in Chapter 7 Bankruptcy .)

How to keep property in bankruptcy?

If you pledged property as collateral for a loan, you'll need to continue to pay the creditor if you want to keep the property. When you file for bankruptcy, you'll be asked to decide whether you want to "redeem" the property (pay the creditor the current replacement value of the property in a lump sum), "reaffirm" the debt (agree to continue paying per the contract with the creditor—usually under the same terms), or "surrender" the property (let the creditor take it). Depending on where you live, there might be other options as well (some lenders let debtors keep the property as long as they remain current on the loan). (Learn more about your options for secured debts in Chapter 7 bankruptcy .)

What happens if you don't file your bankruptcy certificate?

After you file your paperwork, you'll need to complete the second course, called a debtor education course, before you'll receive a discharge (the order that wipes out your debt). If you fail to submit your certificate on time, the court will close your matter without a discharge. Fixing this problem can be expensive because you'll likely have to file a motion and another filing fee to reopen the case. (Learn more in What Is Credit and Debt Counseling in Bankruptcy?)

How long does it take to file bankruptcy?

You must file the remaining forms within 14 days.

Do you have to complete a credit counseling course before filing for bankruptcy?

Individuals who file for bankruptcy must complete a course before filing for bankruptcy, or, in unusual cases, shortly after that. (Find out more in The Pre-Bankruptcy Credit Counseling Requirement .)

What happens at the end of bankruptcy?

Congratulations! This is what it's all about. At the end of a successful bankruptcy, the court will issue an order discharging your qualifying debts. Once discharged, you no longer have a legal obligation to pay it, and the creditor has no right to collect it.

How long is a Chapter 7 bankruptcy petition?

Filing bankruptcy is a very document intensive process. This shouldn’t be a surprise, as the petition the filer submits to the bankruptcy court can be up to 100 pages long. Since preparing for a Chapter 7 bankruptcy can be stressful, scary, and confusing, it can be helpful to use checklists to keep yourself on track.

How long does it take to get a Chapter 7 discharge?

Then, to get your Chapter 7 discharge, you’ll need to take the second course to receive a financial management certificate for filing. You can only take this course after your case has been filed with the court. That certificate needs to be filed within 60 days from the date of the first meeting of creditors.

What is a bankruptcy document?

Bankruptcy documents are sources of information and used as evidence to help fill in the forms. Chapter 7 bankruptcy forms are required by law to be used for your Chapter 7 bankruptcy case. You can find all the forms and instructions for free on the United States Courts ’ website. Keep on reading for a simple Chapter 7 document checklist.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What is the difference between bankruptcy and bankruptcy?

Bankruptcy forms are documents with spaces to be filled in with your information. Think of them as a “skeleton” for the legal process of bankruptcy. Bankruptcy documents are sources of information and used as evidence to help fill in the forms.

How long do you have to file taxes before bankruptcy?

Tax returns: Assuming you were required to file returns, you will need the tax returns you filed in for the two calendar years before your bankruptcy case is filed. If you no longer have access to copies of your tax returns, you can request a tax return transcript from the IRS.

What is an asset?

An asset is property you own and can be tangible or intangible. Personal property, real estate, and ownership interest in a legal action are all examples of assets. If you are part owner in your brother’s restaurant or your son’s car, that interest will count as an asset.

What happens in Chapter 7?

Motions or Adversary Actions. Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge. But, that's not always the case. Other, more complicated issues can arise that most pro se filers aren't prepared to handle.

What do you need to do before filing for bankruptcy?

In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge.

Can bankruptcy attorneys meet with you?

And most bankruptcy attorneys will meet with you for free for an initial consultation. That might be enough for you to learn that bankruptcy is not for you, to determine which chapter is best for you, or to discover that you have some issues that might mean going it alone is a bad idea.

Can you lose everything in bankruptcy?

You don't lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don't list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property (like your home or car) ...